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

§ 2273. Labeling of Equipment Dispensing Gasoline

Containing MTBE.

(a) MTBE labeling requirement.All devices dispensing

gasoline containing methyl tertiary butyl ether (MTBE)

at filling stations, garages or other outlets where petroleum products are sold or offered for retail shall be

marked with a conspicuous label at all times the product

is offered for retail sale.

(1) The label shall state that the gasoline being dispensed "Contains MTBE. The State of California has

determined that the use of this chemical presents a significant risk to the environment."

(2) The label shall be contrasting in color to the gasoline dispensing equipment and have capitalized lettering

using not less than one-eighth inch high letters, except

that "MTBE" shall have lettering using not less than

five-eighth inch high letters with a stroke of not less

than one-eighth in width and "Contains" shall have lettering using not less than one-quarter inch high letters.

(3) The label shall be placed on the gasoline dispensing

equipment's vertical surface, on each side with gallonage and price meters.

(4) The label shall be conspicuous and legible to a customer when viewed from the driver's position inside the

car.

(5) The label shall be capable of withstanding extremes

of weather conditions for at least one year and shall be

resistant to gasoline, oil, grease, solvents, detergents,

and water. Damaged labels that are not legible shall be

replaced.

(b) Residual levels of MTBE.

(1) The labeling requirements in section 2273(a) do not

apply to equipment dispensing gasoline from a storage

tank containing gasoline having an MTBE content of

less than 0.6 percent by volume, as determined by

American Society of Testing and Materials (ASTM)

Test Method D 4815-04, which is incorporated herein

by reference, or any other test method determined by

the executive officer to give equivalent results.

(2) The labeling requirements in section 2273(a) do not

apply where the equipment is dispensing gasoline from

a storage tank containing gasoline having an MTBE

content of less than 3.0 percent by volume, as determined by a test method identified in section 2273(b)(1),

and the operator of the retail outlet demonstrates that

the conditions in either section 2273(b)(2)(A), (B), (C)

or (D) have occurred.

(A) The gasoline storage tank has been consecutively

drained and refilled to at least 95 percent of capacity

with gasoline containing less than 0.6 volume percent

MTBE as specified in the following table.

The percent of the total gasoline The consecutive number of times the

storage tank capacity that gasoline storage tank must

is emptied prior to refilling be drained and refilled

90% 2

13 CA ADC § 2273 Page 1

13 CCR § 2273

Cal. Admin. Code tit. 13, § 2273

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
80% 3

70% 3

60% 4

50% 6

40% 8

30% 11

20% 19

10% 60

(B) The gasoline storage tank has been consecutively

drained and refilled to at least 95 percent of capacity

with gasoline containing less than 0.6 volume percent

MTBE according to the following equation.

N = -(0.222) + log CO)/log (VL/VT)

Where:

N = The number of times the gasoline storage tank

must be drained and refilled. If the resultant number is

not an integer, it shall be rounded up to the nearest integer.

C

O

= The initial concentration, in volume percent, of

MTBE in the gasoline storage tank.

V

L

= The volume of gasoline (in gallons) left in the

gasoline storage tank after each draining.

V

T

= 95% of the capacity (in gallons) of the gasoline

storage tank.

(C) The following equation has been applied to consecutive drainings and fillings of the gasoline in the

storage tank, and the equation shows an MTBE content

of less than 0.6 percent by volume. The initial MTBE

concentration (CO) of the gasoline in the storage tank

when the equation is first applied shall be deemed to be

15 volume percent unless the MTBE content is determined in accordance with a testing methodology identified in section 2273(b)(1). For purposes of the equation,

[i] the MTBE concentration of gasoline containing less

than 0.6 volume percent MTBE shall be deemed to be

zero, and [ii] the MTBE concentration of gasoline delivered with an invoice or other documentation stating

that the gasoline contains MTBE shall be deemed to be

15 volume percent or, if the concentration of MTBE is

stated on the documentation, that stated concentration.

The executive officer shall make available upon request

a computer program that may be used in applying the

equation.

C = CO(VL(VL+VD)) + CD(VD/(VL+VD))

Where:

C = The final concentration, in volume percent, of

MTBE in the gasoline storage tank after the fuel delivery.

C

O

= The initial concentration, in volume percent, of

MTBE in the gasoline storage tank before the fuel delivery.

C

D

= The concentration, in volume percent, of

MTBE in the fuel being delivered to the gasoline storage tank.

V

L

= The volume of gasoline (in gallons) left in the

gasoline storage tank prior to fuel delivery.

V

D

= The volume of gasoline (in gallons) delivered

to the gasoline storage tank.

(D) The gasoline has been consecutively drained and

refilled in accordance with an alternative protocol

which the executive officer has previously found in

writing provides assurances of MTBE removal equivalent to the conditions in section 2273(b)(2)(A), (B), and

(C).

(c) Responsibility for compliance. The operator of the

retail gasoline outlet shall be responsible for compliance

with the labeling requirements in section 2273(a).

13 CA ADC § 2273 Page 2

13 CCR § 2273

Cal. Admin. Code tit. 13, § 2273

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(d) Deliveries of gasoline to retail outlets.

(1) Any person delivering gasoline to a retail gasoline

outlet from December 16, 1999 through December 30,

2003 shall provide to the outlet operator or responsible

employee, at the time of delivery of the fuel, an invoice,

bill of lading, shipping paper, or other documentation

which states whether the gasoline does or does not contain 0.6 percent by volume or more MTBE, and which

may identify the volumetric amount of MTBE in the

gasoline. For purposes of determining compliance with

this section 2273(d), the volumetric MTBE content of

gasoline shall be determined by ASTM Test Method D

4815-04, which is incorporated herein by reference, or

any other test method determined by the executive officer to give equivalent results.

(2) No person shall deliver gasoline containing 0.6 percent by volume or more MTBE to a storage tank at a retail gasoline outlet unless at the time of the delivery

either:

(A) All pumps dispensing gasoline from the storage

tank are labeled as containing MTBE, or

(B) The party delivering the gasoline, or on whose

behalf the delivery is being made, can demonstrate that

it has received and is maintaining a nonsuperceded written notification from the operator of the retail gasoline

outlet that all of the outlet's gasoline dispensing equipment, or all of the outlet's dispensing equipment dispensing gasoline of the grade being delivered, is labeled

as containing MTBE.

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

Tables>

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

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, 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 11-16-99; operative 12-16-99 (Register 99, No. 47).

2. Amendment of subsections (b)(1) and (d)(1) filed 8-20-2001; operative 8-20-

2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).

3. Amendment of subsections (a)(1) and (d)(1) filed 5-1-2003; operative 5-1-

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

4. Amendment of subsections (b)(1) and (d)(1) filed 8-29-2008; operative 8-29-

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

13 CCR § 2273, 13 CA ADC § 2273

13 CA ADC § 2273

END OF DOCUMENT

13 CA ADC § 2273 Page 3

13 CCR § 2273

Cal. Admin. Code tit. 13, § 2273

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