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

§ 2260. Definitions.

(a) For the purposes of this subarticle, the following

definitions apply:

(0.5) "Air basin" has the same meaning as defined in

section 39012 of the Health and Safety Code.

(0.7) "Alternative emission reduction plan" means with

respect to a specific gasoline property, the compliance

option set forth in section 2265.5.

(1) "Alternative gasoline formulation" means a final

blend of gasoline that is either a PM alternative gasoline

formulation or a test-certified alternative gasoline formulation.

(2) "Averaging compliance option" means, with respect

to a specific gasoline property, the compliance option

set forth in section 2262.3(c).

(3) "ASTM" means the American Society of Testing

and Materials.

(4) "Bulk purchaser-consumer" means a person that purchases or otherwise obtains gasoline in bulk and then

dispenses it into the fuel tanks or motor vehicles owned

or operated by the person.

(5) "Bulk plant" means an intermediate gasoline distribution facility where delivery of gasoline to and from

the facility is solely by truck.

(6) "California gasoline" means:

(A) Gasoline sold, intended for sale, or made available for sale as a motor vehicle fuel in California; and

(B) Gasoline that is produced in California, and that

the producer knows or reasonably should know will be

offered for sale or supply at an out-of-state terminal or

bulk plant at which it will be identified as gasoline produced in California and suitable for sale as a motor

vehicle fuel in California.

(6.5) "California reformulated gasoline blendstock for

oxygenate blending, or 'CARBOB,"' means a petroleum-derived liquid which is intended to be, or is represented as, a product that will constitute Califoria gasoline upon the addition of a specified type and percentage (or range of percentages) of oxygenate to the

product after the product has been supplied from the

production or import facility at which it was produced

or imported.

(6.6) "CaRFG Phase 2" means California Phase 2 reformulated gasoline.

(6.7) "CaRFG Phase 3" means California Phase 3 reformulated gasoline.

(6.8) "CARBOB limits" means, for a final blend of

CARBOB, CARBOB specifications for maximum Reid

vapor pressure, sulfur content, benzene content, olefin

content, aromatic hydrocarbon content, T50 and T90,

and maximum and minimum oxygen content, expressed

to the number of significant figures identified for each

property in the section 2262 standards table, and for any

other property identified in a certification order issued

by the Executive Officer pursuant to the "California

Procedures for Evaluating Alternative Specifications for

Gasoline Using Vehicle Emissions Testing," incorporated by reference in section 2266(a), if applicable.

(6.9) "Common carrier pipeline" means a pipeline operating under Public Utilities Commission tariffs which

offers refined petroleum product transportation services

to any qualified shipper.

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(7) "Designated alternative limit" means an alternative

gasoline specification limit, expressed in the nearest

part per million by weight for sulfur content, nearest

hundredth percent by volume for benzene content,

nearest tenth percent by volume for aromatic hydrocarbon content, nearest tenth percent for olefin content,

and nearest degree Fahrenheit for T90 and T50, which

is assigned by a producer or importer to a final blend of

California gasoline pursuant to section 2264.

(7.5) "Designated emissions offsetting limit" means an

alternative gasoline specification limit, expressed in the

nearest hundredth pound per square inch for RVP,

nearest tenth percent by weight for oxygen, nearest part

per million by weight for sulfur content, nearest hundredth percent by volume for benzene content, nearest

tenth percent by volume for aromatic hydrocarbon content, nearest tenth percent for olefin content, and nearest

degree Fahrenheit for T90 and T50, which is assigned

by a producer or importer that produces gasoline to a final blend of California gasoline pursuant to section

2265.1.

(8) "Ethanol" means ethyl alcohol which meets any additional requirements for ethanol or ethyl alcohol in

Health and Safety Code section 43830.

(8.5) "Emissions associated with permeation" means the

incremental increase in emissions because of permeation which is calculated as the difference between

the emissions from the producer's or importer's final

blend formulation and the flat limits without ethanol.

The Phase 3 reformulated gasoline Predictive Model, as

described in the "California Procedures for Evaluating

Alternative Specifications for Phase 3 Reformulated

Gasoline Using the California Predictive Model," as

corrected November 18, 2004 and last amended August

7, 2008, which is incorporated herein by reference, shall

be used to calculate emissions associated with permeation.

Emissions are calculated as follows:

Ozone Forming Potential (tons per day) = 18.4 (tons per

day) * (PCE(OFP)/ 2.39) * 2.80 * percent share of California gasoline sales covered by the AERP, and

NOx (tons per day) = 427.8 (tons per day) * PCE(NOx)

* percent share of California gasoline sales covered by

the AERP, where

PCE(OFP) and PCE(NOx) = Percent change in emissions, as predicted by the CaRFG3 Predictive Model for

Ozone Forming Potential (OFP) and Oxides of Nitrogen

(NOx), respectively, as described in the "California Procedures for Evaluating Alternative Specifications for

Phase 3 Reformulated Gasoline Using the California

Predictive Model," as corrected November 18, 2004 and

last amended August 7, 2008, which is incorporated

herein by reference.

(9) "Executive Officer" means the executive officer of

the Air Resources Board, or his or her designee.

(10) "Final blend" means a distinct quantity of gasoline

or CARBOB which is introduced into commerce in

California without further alteration which would tend

to affect a regulated gasoline specification of the fuel.

(10.5) "Final blend credit" means the credit from a final

blend of gasoline that may be used to offset a producer's

or importer's final blend deficit. The amount of final

blend credit shall be calculated as follows:

Final Blend Credit = (PCE - PCEt) * V

c

, where

PCE = Percent change in emissions values as reported

by the producer or importer pursuant to section

2265(a)(2)(C).

PCEt= Percent change in emissions values, as they pertain to the PM emissions offsetting compliance option,

for the PM alternative specifications that the producer

or importer was intending to produce and which would

have met the criteria for approval in the applicable Predictive Model Procedures but for the elevated sulfur

content.

V

c

= volume, in barrels, of the final blend that has a final blend credit.

(10.7) "Final blend deficit" means the deficit from a final blend of gasoline that a producer or importer must

offset. The amount of final blend deficit shall be calcu13 CA ADC § 2260 Page 2

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lated as follows:

Final Blend Deficit = (PCE - 0.04) * Vd, where

PCE = Percent change in emissions values, as they pertain to the PM emissions offsetting compliance option,

which are greater than 0.04%. If the percent change in

emissions values, as they pertain to the PM emissions

offsetting compliance option, are all less than 0.04%,

there is no final blend deficit.

V

d

= volume, in barrels, of the final blend that has a final blend deficit.

(11) "Final distribution facility" means the stationary

gasoline transfer point from which gasoline or CARBOB is transferred into the cargo tank truck, pipeline,

or other delivery vessel from which the gasoline will be

delivered to the facility at which the gasoline will be

dispensed into motor vehicles; except that a cargo tank

truck is the final distribution facility where the cargo

tank truck is used to transport CARBOB and gasoline

and carries written documentation demonstrating that

the designated type and amount or range of amounts of

oxygenates designated by the producer or importer will

be or have been blended directly into the cargo tank

truck prior to delivery of the resulting gasoline from the

cargo tank truck to the facility at which the gasoline

will be dispensed into motor vehicles.

(12) "Flat limit compliance option" means, with respect

to a specific gasoline property, the compliance option

set forth in section 2262.3(b), section 2262.4(b)(1), or

section 2262.5(c).

(13) "Further process" means to perform any activity on

gasoline, including distillation, treating with hydrogen,

or blending, for the purpose of bringing the gasoline into compliance with the standards in this subarticle.

(14) "Gasoline" means any fuel that is commonly or

commercially known, sold or represented as gasoline,

including any volatile mixture of predominantly liquid

hydrocarbons that is sold or represented as suitable for

use in an automotive spark-ignition engine.

(15) "Imported California gasoline" means California

gasoline which is transported into California and does

not meet the definition in section 2260(a)(6)(B).

(16) "Import facility" means the storage tank to which

imported California gasoline or CARBOB is first delivered in California, including, in the case of gasoline

or CARBOB imported by cargo tank and delivered directly to a facility for dispensing gasoline into motor

vehicles, the cargo tank in which the gasoline or CARBOB is imported.

(17) "Importer" means any person who first accepts delivery in California of imported California gasoline.

(18) "Motor vehicle" has the same meaning as defined

in section 415 of the Vehicle Code.

(19) "Oxygenate" is any oxygen-containing, ashless, organic compound, such as an alcohol or ether, which,

when added to gasoline increases the amount of oxygen

in gasoline.

(19.3) "Oxygenate blending facility" means any facility

(including a truck) at which oxygenate is added to gasoline or blendstock, and at which the quality or quantity

of gasoline is not altered in any other manner except for

the addition of deposit control additives or other similar

additives.

(19.6) "Oxygenate blender" means any person who

owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the

blendstock or gasoline used or the gasoline produced at

an oxygenate blending facility.

(19.7) "Percent change in emissions values, as they pertain to the PM emissions offsetting compliance option"

means values calculated, each for oxides of nitrogen,

total ozone forming potential, and potency-weighted

toxics, from the Phase 3 Predictive Model using the designated emissions offsetting limits for the candidate fuel

and the flat limits in section 2262 for the reference fuel,

as described in the "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated

Gasoline Using the California Predictive Model," as

corrected November 18, 2004 and last amended August

7, 2008, which is incorporated herein by reference.

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(19.8) "Pipeline tender" means a specific volume of

product having a unique name or designation which is

offered to a pipeline for transportation.

(20) "PM alternative gasoline formulation" means a final blend of gasoline that is subject to a set of PM alternative specifications assigned pursuant to section

2265(a).

(21) "PM alternative specifications" means the specifications for the following gasoline properties, as determined in accordance with section 2263 and expressed to

the number of significant figures identified for each

property in the section 2262 standards table: maximum

Reid vapor pressure, maximum sulfur content, maximum benzene content, maximum olefin content, minimum and maximum oxygen content, maximum T50, maximum T90, and maximum aromatic hydrocarbon content.

(22) "PM averaging compliance option" means, with

reference to a specific gasoline property, the compliance option for PM alternative gasoline formulations

under which final blends of gasoline are assigned designated alternative limits in accordance with section 2264.

(23) "PM averaging limit" means a PM alternative specification that is subject to the PM averaging compliance option.

(23.5) "PM emissions offsetting compliance option"

means, with respect to a specific gasoline property, the

compliance option set forth in section 2265.1(a).

(23.7) "PM emissions offsetting formulation" means a

final blend of gasoline that is subject to a set of designated emissions offsetting limits assigned pursuant to

section 2265.1(a).

(24) "PM flat limit" means a PM alternative specification that is subject to the PM flat limit compliance option.

(25) "PM flat limit compliance option" means, with reference to a specific gasoline property, the compliance

option under which each gallon of gasoline must meet

the specification for the property contained in the PM

alternative specifications.

(26)(A) "Produce" means, except as otherwise provided

in section (a)(26)(B) or (a)(26)(C), to convert liquid

compounds which are not gasoline into gasoline or

CARBOB. When a person blends volumes of blendstocks which are not gasoline with volumes of gasoline

acquired from another person, and the resulting blend is

gasoline, the person conducting such blending has produced only the portion of the blend which was not previously gasoline. When a person blends gasoline with

other volumes of gasoline, without the addition of

blendstocks which are not gasoline, the person does not

produce gasoline.

(B) Where a person supplies gasoline to a refiner who

agrees in writing to further process the gasoline at the

refiner's refinery and to be treated as the producer of the

gasoline, the refiner shall be deemed for all purposes

under this article to be the producer of the gasoline.

(C) Where an oxygenate blender blends oxygenates

into CARBOB which has already been supplied from a

gasoline production facility or import facility, and does

not alter the quality or quantity of the CARBOB or the

resulting gasoline in any other manner except for the

addition of deposit control additives or other similar additives, the oxygenate blender is not producing any portion of the resulting gasoline, and the producer or importer of the CARBOB is treated as the producer or importer of the full volume of the resulting gasoline.

(26.5) "Produced at a California production facility with

the use of any oxygenate other than ethanol or MTBE"

means produced at a California production facility in

part by either (i) adding at the California production facility any oxygenate, other than ethanol or MTBE, in

neat form to the California gasoline or to a blending

component used in the gasoline; or (ii) using a blending

component that contained greater than 0.10 weight percent total oxygen from oxygenates other than ethanol or

MTBE when it was supplied to the California production facility.

(27) "Producer" means any person who owns, leases,

operates, controls or supervises a California production

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

(28) "Production facility" means a facility in California

at which gasoline or CARBOB is produced. Upon request of a producer, the executive officer may designate, as part of the producer's production facility, a

physically separate bulk storage facility which (A) is

owned or leased by the producer, and (B) is operated by

or at the direction of the producer, and (C) is not used to

store or distribute gasoline or CARBOB that is not supplied from the production facility.

(28.5) "Qualifying small refiner" means a small refiner

whose California refinery was used in 1998 and 1999 to

produce and supply California gasoline meeting the

CaRFG Phase 2 standards.

(29) "Qualifying volume" means, for each small refiner,

a volume of gasoline determined in accordance with the

following four steps, provided that the qualifying

volume for Kern Oil & Refining Co.'s Bakersfield refinery shall not exceed 2,920,000 barrels per year (equal

to 8000 barrels per day; 2,928,000 barrels per year in

leap years):

(A) First, the barrel per calendar day "operating crude

oil capacity" of the small refiner's refinery in March

1999 is identified, based on data which are reported to

the executive officer from the California Energy Commission (CEC) and are derived from "Monthly Refinery

Reports" (EIA 810) submitted to the CEC no later than

June 30, 1999. If the CEC is unable to derive such data

from the Monthly Refinery Reports for a particular

small refiner, the executive officer shall determine the

small refiner's operating crude oil capacity in March

1999 based on other publicly available and generally recognized sources.

(B) Second, this operating crude oil capacity is multiplied by 0.9794, representing the highest monthly refinery operating utilization rate in the California refining industry for January 1998 through March 1999, as

compiled in the "Monthly Refinery Capacity Data

Statewide" report of the CEC.

(C) Third, the resulting crude throughput volume is

multiplied by the refinery's highest monthly ratio of

gasoline produced to crude oil distilled in January 1998

through March 1999, based on data derived by the CEC

from the Monthly Refinery Reports submitted to the

CEC no later than June 30, 1999.

(D) Fourth, the resulting gasoline volume is multiplied by 365 to identify an annualized value. In the case

of leap years, the gasoline volume is multiplied by 366

to identify the annualized value.

(29.5) "Racing vehicle" means a competition vehicle

not used on public highways.

(30) "Refiner" means any person who owns, leases, operates, controls or supervises a refinery.

(31) "Refinery" means a facility that produces liquid

fuels by distilling petroleum.

(32) "Small refiner" means any refiner who owns or operates a refinery in California that:

(A) Has and at all times had since January 1, 1978, a

crude oil capacity of not more than 55,000 barrels per

stream day;

(B) Has not been at any time since September 1,

1988, owned or controlled by any refiner that at the

same time owned or controlled refineries in California

with a total combined crude oil capacity of more than

55,000 barrels per stream day; and

(C) Has not been at any time since September 1,

1988, owned or controlled by any refiner that at the

same time owned or controlled refineries in the United

States with a total combined crude oil capacity of more

than 137,500 barrels per stream day.

(32.5) "South Coast Area" means the counties of Los

Angeles, Orange, Riverside, San Bernardino, and Ventura.

(33) "Stream day" means 24 consecutive hours of actual

operation of a refinery.

(34) "Supply" means to provide or transfer a product to

a physically separate facility, vehicle, or transportation

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system.

(35) "TC limits" means the set of specifications identified in a certification issued by the Executive Officer

pursuant to the "California Procedures for Evaluating

Alternative Specifications for Gasoline Using Vehicle

Emissions Testing," incorporated by reference in section 2266(a).

(36) "Test-certified alternative gasoline formulation"

means a final blend of gasoline that is subject to a set of

specifications identified in a certification issued by the

Executive Officer pursuant to the "California Procedures for Evaluating Alternative Specifications for Gasoline Using Vehicle Emissions Testing," incorporated

by reference in section 2266(a).

(37) "Third party" means any person who applies for, or

has a, third party AERP or a third party EERP.

(38) "Third party AERP" means an AERP whose application was submitted by a third party and approved

by the Executive Officer.

(39) "Third party EERP" means an EERP whose application was submitted by a third party and approved by

the Executive Officer.

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

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 subarticle 2 and section filed 11-16-92; operative 12-16-92 (Register

92, No. 47).

2. Amendment filed 6-2-95; operative 7-3-95 (Register 95, No. 22).

3. New subsection (a)(6.5), amendment of subsections (a)(10)-(11) and (a)(16),

new subsections (a)(19.3) and (a)19.6), and amendment of subsections

(a)(26(A), (a)(26)(C) and (a)(28) filed 2-28-96; operative 2-28-96 pursuant to

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

4. New subsections (a)(29.5) and (a)(32.5) filed 9-21-98; operative 9-21-98

pursuant to Government Code section 11343.4(d) (Register 98, No. 39).

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

2000, No. 31).

6. Amendment of subsection (a)(1), new subsection (a)(6.8), amendment of

subsections (a)(20)-(21) and new subsections (a)(35)-(36) filed 8-20-2001;

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operative 8-20-2001 pursuant to Government Code section 11343.4 (Register

2001, No. 34).

7. New subsection (a)(26.5) filed 5-1-2003; operative 5-1-2003 pursuant to

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

8. Amendment of subsection (a)(16) filed 3-10-2005; operative 4-9-2005

(Register 2005, No. 10).

9. New subsections (a)(0.5), (a)(0.7), (a)(6.9), (a)(7.5), (a)(8.5),

(a)(10.5), (a)(10.7), (a)(19.7), (a)(19.8), (a)(23.5), (a)(23.7), (a)(37),

(a)(38) and (a)(39) filed 8-29-2008; operative 8-29-2008 pursuant to

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

13 CCR § 2260, 13 CA ADC § 2260

13 CA ADC § 2260

END OF DOCUMENT

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