13 CA ADC § 2260 Page 1

13 CCR s 2260

Cal. Admin. Code tit. 13 , s 2260

© 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 2260. Definitions.

(a) For the purposes of this subarticle, the following definitions apply:

(1) "Alternative gasoline formulation" means a final blend of gasoline that is either a PM alternative gasoline form ulation or a test

- certified alternative g asoline 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 pu rchases or otherwise obtains gasoline in bulk and then di spenses it into the fuel tanks or motor vehicles owned or operated by the person.

(5) "Bulk plant" means an intermediate gasoli ne distrib ution 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 Cal ifornia and suitable for sale as a motor vehicle fuel in Ca lifornia.

(6.5) "California reformulated gasoline blendstock for oxygenate blending, or 'CARBOB,"' means a petr ol eum

- 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 perce ntage (or range of percentages) of oxygenate to the product after the product has been suppli ed from the production or import facility at which it was produced or imported.

(6.6) "CaRFG Phase 2" means California Phase 2 refo rmulated gasoline.

(6.7) "CaRFG Phase 3" means California Phase 3 refo rmulated gasoline.

(6.8) "CARBOB limits" means, f or 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 fi gures 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 Gaso line Using Vehicle Emissions Testing," incorporated by re ference in section 2266(a), if applicable.

(7) "Designated alternative limit" means an alternative gasoline specification limit, expressed in the nearest p art per million by weight for sulfur content, nearest hundredth percent by volume for benzene content, nearest tenth pe rcent by volume for aromatic hydrocarbon content, nearest tenth percent for olefin content, and nearest degree F ahrenheit for T90 and T50 , which is assigned by a producer or importer to a final blend of California gasoline pursuant

to section 2264.

(8) "Ethanol" means ethyl alcohol which meets any add itional requirements for ethanol or ethyl alcohol in Health and Safety Code section 43830

.

(9) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designee.13 CA ADC § 2260 Page 2

13 CCR s 2260

Cal. Admin. Code tit. 13 , s 2260

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (10) "Final blend" means a distinct quantity of gasoline or

CARBOB which is introduced into commerce in Califo rnia without further alteration whic h would tend to affect a regulated gasoline specification of the fuel.

(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 ves sel 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 truc k is used to transport CARBOB and gasoline and carries written d ocumentation 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 tan k 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 v ehicles.

(12) "Flat limit compliance option" means, with respect to a specific gasoline property, the compli ance 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 gasolin e 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 represent ed 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 facility at which imported California gasoline or CARBOB is first received in Cal ifornia, including, in the case of gasoline or CARBOB imported by cargo tank and delivered directly to a facility for dispensing gasoline int o motor vehicles, the cargo tank in which the gasoline or CARBOB is imported.

(17) "Importer" means any person who first accepts del ivery 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, o rganic compound, such as an alcohol or ether, which, when added to gasoline increases the amount of oxygen in ga soline.

(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 ga soline is not altered in any other manner except for the addition of deposit control additives or other similar add itives.

(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

blen ding facility.

(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 specific ations 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, maxim um 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 spec ification that is subject to the PM averaging compliance option.

(24) "PM flat limit" means a PM alternative specification that is subject to the PM flat limit compliance option.13 CA ADC § 2260 Page 3

13 CCR s 2260

Cal. Admin. Code tit. 13 , s 2260

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (25) "PM flat limit compliance option" means, with re ference to a spe cific gasoline property, the compliance option under which each gallon of gasoline must meet the specification for the property contained in the PM altern ative specifications.

(26)(A) "Produce" means, except as otherwise provided in section (a)(26)(B) or (a)(26)(C), to convert liquid co mpounds 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

pers on 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 an d 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 gas ol ine 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 oxy genate 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 f rom ox ygenates 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 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 t he 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 f acility.

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

whose Califo rnia 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 ba rrels per day; 2,928,000 barrels per year in leap years):

(A) Fi rst, 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 exec utive 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 exec utive officer shall determine the small refiner's operating

cr ude 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 o perating utilization rate in the Californ ia 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 mu ltiplied 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.13 CA ADC § 2260 Page 4

13 CCR s 2260

Cal. Admin. Code tit. 13 , s 2260

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (29.5) "Racing vehicle" means a competition vehicle not used on public highways.

(30) "Refiner" means any person who owns, leases, ope rates, 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 o perates 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) "S outh 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 sep arate facility, vehicle, or transportation sy stem.

(35) "TC limits" means the set of specifications identified

in a certification issued by the Executive Officer pursuant

to the "California Procedures for Evalu ating 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 specification s 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 re ference in section 2266(a).

< General Material s (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).13 CA ADC § 2260 Page 5

13 CCR s 2260

Cal. Admin. Code tit. 13 , s 2260

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 5. Amendment of section and Notefiled 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; 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).

13 CA ADC s 2260

END OF DOCUMENT