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

§ 2264. Designated Alternative Limits.

(a) Assignment of a designated alternative limit.

(1) A producer or importer that has elected to be subject

to an averaging limit specified in section 2262 may assign a designated alternative limit to a final blend of

California gasoline produced or imported by the producer or importer by satisfying the notification requirements in this section (a). In no case shall a designated

alternative limit be less than the sulfur, benzene, olefin

or aromatic hydrocarbon content, or T90 or T50, of the

final blend shown by the sample and test conducted pursuant to section 2270, or section 2266.5(a), as applicable. If a producer or importer intends to assign designated alternative limits for more than one gasoline specification to a given quantity of gasoline, the party shall

identify the same final blend for all designated alternative limits for the gasoline.

(2)(A) The producer or importer shall notify the executive officer of the estimated volume (in gallons), the designated alternative limit, the blend identity, and the location of each final blend receiving a designated alternative limit. This 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. A producer or importer may revise the

reported estimated volume, as long as notification of the

revised volume is received by the executive officer no

later than 48 hours after completion of the physical

transfer of the final blend from the production or import

facility. If notification of the revised volume is not

timely received by the executive officer, the reported

estimated volume shall be deemed the reported actual

volume.

(B) For each final blend receiving a designated alternative limit exceeding an applicable averaging limit

in section 2262, the producer or importer shall notify

the executive officer of the date and time of the start of

physical transfer from the production or import facility,

within 24 hours after the start of such physical transfer.

For each final blend receiving a designated alternative

limit less than an applicable averaging limit in section

2262, the producer or importer shall notify the executive officer of the date and time of the completion of

physical transfer from the production or import facility,

within 24 hours after the completion of such physical

transfer.

(3) If, through no intentional or negligent conduct, a

producer or importer cannot report within the time period specified in (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)(3) have been met, timely

notification shall be deemed to have occurred.

(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) and (c) 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) and (c). Any such protocol shall

include the producer's or importer's agreement to be

bound by the terms of the protocol.

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(5) Whenever the final blend of a producer or importer

includes volumes of gasoline the party has produced or

imported and volumes the party has neither produced

nor imported, the producer's or importer's designated alternative limit shall be assigned and applied only to the

volume of gasoline the party has produced or imported.

In such a case, the producer or importer shall report to

the executive officer in accordance with section (a) both

the volume of gasoline produced and imported by the

party, and the total volume of the final blend. The party

shall also additionally report the sulfur content, benzene

content, olefin content, aromatic hydrocarbon content,

T90, and T50, as applicable, of the portion of the final

blend neither produced nor imported by the party, determined as set forth in section 2270(b), or section

2266.5(a)(2), as applicable.

(b) Additional prohibitions regarding gasoline to which

a designated alternative limit has been assigned.

(1) No producer or importer shall sell, offer for sale, or

supply California gasoline in a final blend to which the

producer or importer has assigned a designated alternative limit exceeding an applicable averaging limit in section 2262, where the total volume of the final blend

sold, offered for sale, or supplied exceeds the volume

reported to the executive officer pursuant to section (a).

(2) No producer or importer shall sell, offer for sale or

supply California gasoline in a final blend to which the

producer or importer has assigned a designated alternative limit less than an applicable averaging limit in section 2262, where the total volume of the final blend

sold, offered for sale, or supplied is less than the

volume reported to the executive officer pursuant to

section (a).

(c) Offsetting exceedances of an applicable averaging

limit.

(1) With respect to each property for which a producer

or importer has elected to be subject to the averaging

limit in section 2262, within 90 days before or after the

start of physical transfer from a production or import facility of any final blend of California gasoline to which

a producer has assigned a designated alternative limit

for the property exceeding the applicable averaging limit in section 2262, the producer or importer shall complete physical transfer from the same production or import facility of California gasoline in sufficient quantity

and with a designated alternative limit sufficiently below the applicable averaging limit in section 2262 to

fully offset the extent to which the gasoline exceeded

the applicable averaging limit in section 2262. In the

case of benzene, olefins, or aromatic hydrocarbons, the

total volume of benzene, olefins, or aromatic hydrocarbons in excess of the averaging limit must be offset

within the specified time period; the total mass of sulfur

and the degree gallons of T50 and T90 in excess of the

averaging limit must be similarly offset.

For example, within 90 days before or after the start of

physical transfer from a production or import facility of

any final blend of California gasoline to which a producer has assigned a designated alternative limit for olefin

exceeding 4.0 percent by volume, the producer or importer shall complete physical transfer from the same

production or import facility of California gasoline in

sufficient quantity and with a designated alternative

limit sufficiently below 4.0 percent by volume to offset

the volume of the olefins in excess of a limit of 4.0 percent by volume.

(2) A producer or importer may enter into a protocol

with the Executive Officer under which the producer or

importer is allowed to have up to six separate averaging

banks at a single production or import facility, applicable to operationally distinct products (e.g. different

grades of gasoline or oxygenated and nonoxygenated).

The offset requirements will apply independently for

each separate averaging bank. Once averaging is selected for a particular product, the compliance scheme for

that product may only be changed if the change meets

the applicable criteria and conditions in sections 2264.2

and 2265(c) with respect to that product. The protocol

shall specify how the requirements in section (a)(2) and

(c)(1) will be applied to the producer's or importer's particular operations and the separate averaging banks. In

order to enter into the protocol, the Executive Officer

must determine that application of the requirements under the protocol will not be less stringent or enforceable

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
than application of the express terms of sections (a)(2)

and (c). Any such protocol shall include the producer's

or importer's agreement to be bound by the terms of the

protocol.

(d) Designated alternative limits for PM alternative gasoline formulations. The producer or importer of a final

blend of California gasoline that is subject to the PM

averaging compliance option for one or more properties

may assign a designated alternative limit to the final

blend by satisfying the notification requirements of section 2264(a). The producer or importer of such a final

blend shall be subject to all of the provisions of this section 2264, except that, with respect to that final blend,

the PM averaging limit (if any) for for each property

subject to the PM averaging compliance option shall replace any reference in this section 2264 to the averaging

limit specified in section 2262.

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

Tables>

Note: Authority cited: Sections 39600, 39601, 43013,

43013.1, 43018 and 43101, Health and Safety Code;

and Western 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; and Western 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 (a)(1)-(5), (b)(1)-(2), and (h) and new subsection

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

3. Amendment of subsections (a)(1) and (a)(4)-(5) and new subsection (j) filed

2-28-96; operative 2-28-96 pursuant to Government Code section

11343.4(d) (Register 96, No. 9).

4. Editorial correction of subsection (j) (Register 97, No. 17).

5. Change without regulatory effect providing correct placement of subsection

(j) filed 4-24-97 pursuant to section 100, title 1, California Code of

Regulations (Register 97, No. 17).

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

2000, No. 31).

7. Amendment of subsection (a)(4), redesignation and amendment of former

subsection (c) as new subsection (c)(1) and new subsection (c)(2) filed 8-20-

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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
2001; operative 8-20-2001 pursuant to Government Code section 11343.4

(Register 2001, No. 34).

13 CCR § 2264, 13 CA ADC § 2264

13 CA ADC § 2264

END OF DOCUMENT

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13 CCR § 2264

Cal. Admin. Code tit. 13, § 2264

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