BARCLAYS OFFICIAL CALIFORNIA CODE OF

REGULATIONS

TITLE 13. MOTOR VEHICLES

DIVISION 3. AIR RESOURCES BOARD

CHAPTER 5. STANDARDS FOR MOTOR

VEHICLE FUELS

ARTICLE 2. STANDARDS FOR DIESEL FUEL

This database is current through 12/26/08, Register

2008, No. 52

§ 2282. Aromatic Hydrocarbon Content of Diesel Fuel.

(a) Regulatory Standard.

(1) On or after October 1, 1993, except as otherwise

provided in this subsection (a), no person shall sell, offer for sale, or supply any vehicular diesel fuel unless:

(A) The aromatic hydrocarbon content does not exceed 10 percent by volume; or

(B) The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (d),

and:

1. The aromatic hydrocarbon content does not exceed the designated alternative aromatic hydrocarbon

limit, and

2. Where the designated alternative aromatic hydrocarbon limit exceeds 10 percent by volume, the excess

aromatic hydrocarbon content is fully offset in accordance with subsection (d); or

(C) The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection

(g)(7), and meets all of the specifications for a certified

diesel fuel formulation identified in an applicable Executive Order issued pursuant to subsection (g)(6); or

(D) The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection

(h)(2), and meets all of the designated equivalent limits

set forth in subsection (h)(1); or

(E) The vehicular diesel fuel is exempt under subsection (e) and:

1. The aromatic hydrocarbon content does not exceed 20 percent by volume; or

2. The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (d)

and

a. The aromatic hydrocarbon content does not exceed the designated alternative limit, and

b. Where the designated alternative limit exceeds 20

percent by volume, the excess aromatic hydrocarbon

content is fully offset in accordance with subsection (d),

treating all references in subsection (d) to 10 percent by

volume as references to 20 percent by volume; or

3. The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection

(g)(7), and meets all of the specifications for a certified

diesel fuel formulation identified in an applicable Executive Order issued pursuant to subsections (g)(6) and

(g)(8).

(2)Applicability of standards to California nonvehicular diesel fuel.

(A) Activities involving California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied

solely for use in locomotives or marine vessels) are also

subject to this section to the extent required by section

93114, title 17, California Code of Regulations. As adopted, section 93114 requires each air pollution control

or air quality management district by December 12,

2004 to treat this section 2282 as applying to California

nonvehicular diesel fuel (other than diesel fuel offered,

sold or supplied solely for use in locomotives or marine

vessels) as if it were vehicular diesel fuel, and to enforce those requirements regarding California nonvehicular diesel fuel, unless the district has proposed its

own airborne toxic control measure to reduce particulate emissions from diesel-fueled engines through standards for nonvehicular diesel fuel.

13 CA ADC § 2282 Page 1

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(B) Activities involving California nonvehicular diesel fuel used in harborcraft and most diesel-electric intrastate locomotives are also subject to this section 2282

as if the fuel were vehicular diesel fuel, to the extent required by section 2299, title 13, California Code of

Regulations, and section 93117, title 17, California

Code of Regulations. As adopted, these regulations

make nonvehicular diesel fuel used in most harborcraft

in the South Coast Air Quality Management District

subject to the requirements of this section 2282 starting

January 1, 2006, and make all California nonvehicular

diesel fuel used in most harborcraft and diesel-electric

intrastate locomotives subject to this section 2282 starting January 1, 2007.

(3) Subsection (a)(1) shall not apply to a sale, offer for

sale, or supply of vehicular diesel fuel to a refiner

where the refiner further processes the diesel fuel at the

refiner's refinery prior to any subsequent sale, offer for

sale, or supply of the diesel fuel.

(b) Definitions.

For the purposes of this section:

(0.5) "Aromatic hydrocarbon" has the same meaning as

"total aromatic hydrocarbons."

(0.7) "California nonvehicular diesel fuel" means any

diesel fuel that is not vehicular diesel fuel and that is

sold or made available for use in engines in California.

(1) "Chemical composition" means the name and percentage by weight of each compound in an additive and

the name and percentage by weight of each element in

an additive.

(2) "Designated alternative limit" means an alternative

aromatic hydrocarbon limit, expressed in percent aromatic hydrocarbon content by volume, which is assigned by a producer or importer to a final blend of

vehicular diesel fuel pursuant to subsection (d).

(3) "Diesel fuel" means any fuel that is commonly or

commercially known, sold or represented as diesel fuel,

including any mixture of primarily liquid hydrocarbons

- organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented

as suitable for use in an internal combustion, compression-ignition engine.

(4) "Exempt volume" means:

(A) Except as otherwise provided in subsection

(b)(4)(B), 65 percent of the average of the three highest

annual production volumes of distillate fuel reported for

a small refiner's California refinery in the period 1983

to 1987, inclusive, to the California Energy Commission (CEC) as required by the Petroleum Industry Information Reporting Act of 1980 (Public Resources

Code Sections 25350 et seq.); provided that for any

small refiner that reported no distillate fuel production

for two or more years in the 1983-1987 period and that

has installed hydrotreating processes which allow the

production of diesel fuel with a sulfur content of 500

parts per million or less, exempt volume may be calculated as 65 percent of the average annual production

volumes of distillate fuel reported for the small refiner's

California refinery for 1989 and 1990.

(B) In the case of a small refiner who, in an application or amended application submitted pursuant to subsection (e)(2), notifies the executive officer of its election to be subject to this subsection (b)(4)(B), a volume

determined in accordance with the following four steps:

1. First, the barrel per calendar day "operable crude oil

capacity" of the small refiner's refinery for 1991 and

1992 is identified, based on data which are reported to

the Executive Officer from the CEC and are derived

from "Monthly Refining Reports" (EIA 810, Revised

1/89) submitted to the CEC no later than June 20, 1994.

If the CEC is unable to derive such data from the

"Monthly Refining Reports" for a particular small refiner, the executive officer shall determine the small refiner's operable crude oil capacity for 1991 and 1992

based on other publicly available and generally recognized sources.

2. Second, this operable crude oil capacity is multiplied

by 0.9011, representing the overall refinery utilization

rate (crude oil run divided by operable crude oil capacity) in the California refining industry for 1991 and

13 CA ADC § 2282 Page 2

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
1992, as derived from reports of crude oil run and operable capacity in the "Quarterly Oil Reports" issued by

the CEC.

3. Third, the resulting crude throughput volume is multiplied by the average of the refinery's two highest ratios

of distillate produced to crude oil distilled in the period

1988 through 1992, based on distillate production data

recorded by the CEC from MO-7 reporting forms

(Revised 11-87) submitted to the CEC no later than

June 30, 1994 and from crude oil run data derived by

the CEC from "Monthly Refining Reports" submitted to

the CEC no later than June 30, 1994, and is further multiplied by 365 to identify an annualized value.

4. Fourth, the resulting annual volume of distillate production is multiplied by a fraction determined in accordance with this subsection (b)(4)(B)4., which represents the average proportion of small refiners' distillate

production that has been sold as diesel fuel for use in

motor vehicles in California from 1988 through 1992.

The fraction shall be based on the activities of all small

refiners who during October 1, 1993 through June 30,

1994 lawfully produced and supplied vehicular diesel

fuel. With respect to each such small refiner, the executive officer shall calculate a single fraction representing

the average of the refiner's two highest annual ratios of

[a] diesel fuel produced by the small refiner and sold for

use in California motor vehicles to [b] distillate produced, over the period 1988 through 1992. In calculating these ratios, distillate production shall be based on

distillate production data recorded by the CEC from

MO-7 reporting forms (Revised 11-87) submitted to the

CEC no later than June 30, 1994, and the volume of

diesel fuel produced by the small refiner and sold for

use in California motor vehicles shall be derived from

sales data certified by authorized representatives of the

small refiners and such other information from the small

refiners deemed necessary by the executive officer. The

executive officer shall then combine the single fractions

for each such small refiner. The annual distillate production volume identified pursuant to subsection

(b)(4)(B)3. shall be multiplied by the fraction that represents the average of the single fractions for each small

refiner.

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

the Air Resources Board, or his or her designee.

(6) "Final blend" means a distinct quantity of diesel fuel

which is introduced into commerce in California

without further alteration which would tend to affect the

fuel's aromatic hydrocarbon content.

(7) "Formulation" means the composition of a diesel

fuel represented by a test fuel submitted pursuant to

subsection (g).

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

diesel fuel, including distillation, treating with hydrogen, or blending, for the purpose of bringing the diesel

fuel into compliance with the standards in subsection

(a)(1).

(9) "Hydrodearomatization process" means a type of hydrotreating process in which hydrogen is used in the

presence of heat, pressure, and catalysts to saturate aromatic hydrocarbons in order to produce low-aromatic

hydrocarbon content diesel fuel.

(10) "Importer" means any person who first accepts delivery in California of vehicular diesel fuel.

(11) "Import facility" means the facility at which imported diesel fuel is first received in California, including,

in the case of diesel fuel imported by cargo tank and delivered directly to a facility for dispensing diesel fuel

into motor vehicles, the cargo tank in which the diesel

fuel is imported.

(12) "Marine vessel" has the meaning set forth in section 39037.1 of the Health and Safety Code.

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

in Section 415 of the Vehicle Code.

(14) "Polycyclic aromatic" (also referred to as "polynuclear aromatic hydrocarbons" or "PAH") means an organic compound containing two or more aromatic rings.

(15)(A) "Produce" means to convert liquid compounds

which are not diesel fuel into diesel fuel. When a person

blends volumes of blendstocks which are not diesel fuel

13 CA ADC § 2282 Page 3

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
with volumes of diesel fuel acquired from another person, and the resulting blend is diesel fuel, the person

conduction such blending has produced only the portion

of the blend which was not previously diesel fuel. When

a person blends diesel fuel with other volumes of diesel

fuel, without the addition of blendstocks which are not

diesel fuel, the person does not produce diesel fuel.

(B) Subsection (b)(15)(A) notwithstanding, for the

purposes of subsection (e) only, a small refiner who

blends volumes of blendstocks which are not diesel

fuel, or volumes of diesel fuel having an aromatic hydrocarbon content exceeding 20 percent by volume,

with diesel fuel acquired from another person, in order

to make diesel fuel having an aromatic hydrocarbon

content not exceeding 20 percent by volume, shall be

deemed to have produced the entire volume of the resulting blend and the person who initially converted nondiesel compounds into the acquired iesel fuel has also

produced the volume of acquired diesel fuel.

(16) "Producer" means any person who produces

vehicular diesel fuel in California.

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

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

fuels by distilling petroleum. A small refiner's refinery

includes all bulk storage and bulk distribution facilities

jointly owned or leased with the facility that produces

liquid fuels by distilling petroleum.

(19) "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.

(20) "Straight-run California diesel fuel" means diesel

fuel produced from crude oil which is commercially

available in California by distillation, without the use of

cracking or other chemical conversion processes.

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

operation of a refinery.

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

a physically separate facility, vehicle, or transportation

system.

(23) "Vehicular diesel fuel" means any diesel fuel (A)

which is not conspicuously identified as a fuel which

may not lawfully be dispensed into motor vehicle fuel

tanks in California; or (B) which the person selling, offering for sale, or supplying the diesel fuel knows will

be dispensed into motor vehicle fuel tanks in California;

or (C) which the person selling, offering for sale, or

supplying the diesel fuel in the exercise of reasonable

prudence should know will be dispensed into motor

vehicle fuel tanks in California, and that is not the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that s/he will not sell,

offer for sale, or transfer the fuel for dispensing, or dispense the fuel, into motor vehicle fuel tanks in California.

(c) Test Method. Compliance with the aromatic hydrocarbon content limitations specified in this section

2282 shall be determined by ASTM Test Method D

5186-96, which is incorporated herein by reference. The

following correlation equation shall be used to convert

the SFC results in mass percent to volume percent.

Correlation Equation: Aromatic Hydrocarbons expressed in % by volume = 0.916x (Aromatic Hydrocarbons expressed in % by weight) + 1.33

(d) Designated Alternative Limit Designated Alternative Aromatic Hydrocarbon Limit.

13 CA ADC § 2282 Page 4

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(1) A producer or importer may assign a designated alternative limit in accordance with this subsection (d) to

a final blend of vehicular diesel fuel produced or imported by the producer or importer. In no case may the designated alternative limit be less than the aromatic hydrocarbon content of the final blend shown by the

sample and test conducted pursuant to subsection (f).

(2) The producer or importer shall notify the executive

officer of the volume (in gallons) and the designated alternative limit of the final blend. This notification shall

be received by the executive officer before the start of

physical transfer of the diesel fuel from the production

or import facility, and in no case less than 12 hours before the producer either completes physical transfer or

comingles the final blend.

(3) Within 90 days before or after the start of physical

transfer of any final blend of vehicular diesel fuel to

which a producer or importer has assigned a designated

alternative limit exceeding 10 percent, the producer or

importer shall complete physical transfer from the production or import facility of vehicular diesel fuel in sufficient quantity and with a designated alternative limit

sufficiently below the limit specified in subsection

(a)(1)(A) to offset the volume of aromatic hydrocarbons

in the diesel fuel reported in excess of the limit.

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

producer or importer cannot report within the time period specified in subsection (d)(2), then the producer or

importer shall notify the executive officer of the required data as soon as reasonably possible and shall

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 subsection (d)(4) are

met, timely notification shall be deemed to have occurred.

(5) The executive officer may enter into a protocol with

any individual producer or importer for the purposes of

specifying how the requirements in subsections (d)(2)

and (3) 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

subsections (d)(2) and (3). Any such protocol shall include the producer's or importer's agreement to be

bound by the terms of the protocol.

(6) No person shall sell, offer for sale, or supply vehicular diesel fuel, in a final blend to which a producer or

importer has assigned a designated alternative limit exceeding 10 percent aromatics content, where the total

volume of the final blend sold, offered for sale, or supplied exceeds the volume reported to the executive officer pursuant to subsection (d)(2) or (5).

(7) No person shall sell, offer for sale or supply vehicular diesel fuel, in a final blend to which a producer or

importer has assigned a designated alternative limit less

than 10 percent aromatics content, 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 subsection (d)(2) or (5).

(8) Whenever the final blend of a producer includes

volumes of diesel fuel the producer has produced and

volumes it has no produced, the producer's designated

alternative limit shall apply only to the volume of diesel

fuel the producer has produced. In such a case, the producer shall report to the ARB in accordance with subsection (d)(2) both the volume of diesel fuel produced

and the total volume of the final blend.

(e) Small Refiner Diesel Fuel.

(1) The provisions of subsection (a)(1)(A), (B), and (C)

shall not apply to the diesel fuel that is produced by a

small refiner at the small refiner's California refinery

and that is first consecutively supplied from the refinery

as vehicular diesel fuel in each calendar year, up to the

small refiner's exempt volume (up to one quarter of the

small refiner's exempt volume for the period from October 1, 1993-December 31, 1993). Diesel fuel which is

designated by the small refiner as not exempt under this

section (e), and which is reported to the executive officer pursuant to a protocol entered into between the

small refiner and the executive officer, shall not be

counted against the exempt volume and shall not be ex13 CA ADC § 2282 Page 5

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
empt under this subsection (e). This exemption shall not

apply to any diesel fuel supplied from a small refiner's

refinery in any calendar quarter in which less than 25

percent of the diesel fuel supplied from the refinery was

produced from the distillation of crude oil at the refinery. The foregoing notwithstanding in the case of any

small refiner that pursuant to subsection (a)(4) has not

been subject to subsection (a)(1) until October 1, 1994,

all vehicular diesel fuel produced by the small refiner at

the small refiner's California refinery and supplied from

the refinery from October 1, 1994 through December

31, 1994, shall be exempt from the provisions of subsection (a)(1)(A), (B) and (C), up to the quarterly

volume limits imposed by the executive officer in connection with issuance of suspension orders pursuant to

section 2281(g). These quarterly volume limits are as

follows: Kern Oil & Refining, 714,100 barrels; Paramount Petroleum, 1,064,700 barrels; and Powerine Oil

Company, 1,419,600 barrels.

(2) To qualify for an exemption under this subsection

(e), a refiner shall submit to the executive officer an application for exemption executed in California under

penalty of perjury, on the Air Resources Board's ARB/

SSD/CPB Form 89-9-1, for each of the small refiner's

California refineries. The application shall specify the

crude oil capacity of the refinery at all times since January 1, 1978, the crude oil capacities of all the refineries

in California and the United States which are owned or

controlled by, or under common ownership or control

with, the small refiner since September 1, 1988, data

demonstrating that the refinery has the capacity to produce liquid fuels by distilling petroleum, and copies of

the reports made to the California Energy Commission

as required by the Petroleum Industry Reporting Act of

1980 (Public Resources Code sections 25350 et seq.)

showing the annual production volumes of distillate fuel

at the small refiner's California refinery for 1983

through 1987. Within 90 days of receipt of the application, the executive officer shall grant or deny the exemption in writing. The exemption shall be granted if

the executive officer determines that the applicant has

demonstrated that s/he meets the provisions of subsection (b)(19), and shall identify the small refiner's exempt volume. The exemption shall immediately cease to

apply at any time the refiner ceases to meet the definition of small refiner in subsection (b)(19).

(3) In addition to the requirements of subsection (f) below, each small refiner who is covered by an exemption

shall submit to the executive officer reports containing

the information set forth below for each of the small refiner's California refineries. The reports shall be executed in California under penalty of perjury, and must

be received within the time indicated below:

(A) The quantity, ASTM grade, aromatic hydrocarbon content, and batch identification of all diesel fuel,

produced by the small refiner, that is supplied from the

small refinery in each month as vehicular diesel fuel,

within 15 days after the end of the month;

(B) For each calendar quarter, a statement whether 25

percent or more of the diesel fuel transferred from the

small refiner's refinery was produced by the distillation

of crude oil at the small refiner's refinery, within 15

days after the close of such quarter;

(C) The date, if any, on which the small refiner completes transfer from its small refinery in a calendar year

of the maximum amount of vehicular diesel fuel which

is exempt from subsection (a)(1)(A) and (B) pursuant to

subsection (e), within 5 days after such date;

(D) Within 10 days after project completion, any refinery addition or modification which would affect the

qualification of the refiner as a small refiner pursuant to

subsection (b)(19); and

(E) Any change of ownership of the small refiner or

small refiner's refinery, within 10 days after such

change of ownership.

(4) Whenever a small refiner fails to provide records

identified in subsection (e)(3)(A) or (B) in accordance

with the requirements of those subsections, the vehicular diesel fuel supplied by the small refiner from the

small refiner's refinery in the time period of the required

records shall be presumed to have been sold or supplied

by the small refiner in violation of section (a)(1)(A).

(5) Offsetting Excess Emissions From Gasoline Subject

13 CA ADC § 2282 Page 6

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
to the Small Refiner CaRFG Phase 3 Standards.

(A) Annual elections. No later than December 22 of

each calendar year starting with 2002, a small refiner

who is also a qualifying small refiner as defined in the

CaRFG regulations (section 2260(a)(28.5)) may by notification to the executive officer make the following

elections:

1. Whether the small refiner elects to produce gasoline

subject to the small refiner CaRFG Phase 3 standards in

section 2272(a) in the coming year;

2. If electing to produce small refiner CaRFG Phase 3,

whether the refiner elects the option of accepting a reduced exempt volume in the coming year to offset the

excess emissions;

3. If electing to produce small refiner CaRFG Phase 3

but not to accept a reduced exempt volume, the refiner

must elect for the coming year either (i) to produce offset small refiner diesel fuel with an exempt volume determined in accordance with section (b)(4), or (ii) to

produce cleaner offset small refiner diesel fuel with an

exempt volume expanded by 25 percent and restrictions

on sales of high-aromatics California nonvehicular diesel fuel.

(B) Effect of election.

1. Election not to produce small refiner CaRFG Phase 3.

If a small refiner does not elect to produce gasoline subject to the small refiner CaRFG Phase 3 standards for a

particular year, no gasoline sold or supplied from the

small refiner's refinery in that year will qualify for the

small refiner CaRFG Phase 3 standards in section

2272(a).

2. Election to accept a reduced exempt volume for small

refiner diesel fuel. If a small refiner elects to accept a

reduced exempt volume under section (f)(5)(A), the executive officer shall assign a substitute exempt volume

for the year that is reduced sufficiently to offset the excess emissions of hydrocarbons, oxides of nitrogen, and

potency-weighted toxics that would result from production of the small refiner's full qualifying volume of gasoline subject to the CaRFG Phase 3 standards. In the

case of Kern Oil and Refining Co., its reduced exempt

volume of small refiner diesel fuel would be 825,995

barrels per year (equal to 2263 bpd; 828,258 barrels per

year in leap years) in place of 2,337,825 barrels per year

(equal to 6405 bpd; 2,344,230 in leap years).

3. Election to retain the preexisting exempt volume and

produce offset small refiner diesel fuel. If the small refiner elects to be subject to the exempt volume determined in accordance with section (b)(4), the executive officer shall adjust the aromatics and cetane number of the

standards applicable to the small refiner sufficient to

offset the potential increased emissions identified pursuant to section 2272(c)(5). In the case of Kern Oil and

Refining Co., its exempt volume for the year would be

2,337,825 barrels per year (equal to 6405 bpd;

2,344,230 barrels per year in leap years). Any small refiner diesel fuel it sells or supplies as a certified alternative formulation equivalent to a 20 percent aromatics

reference fuel must have an aromatic hydrocarbon content that is 2 percentage points lower, and a cetane number that is 0.5 higher, than is specified for the alternative formulation. Any small refiner diesel fuel it sells or

supplies which is not designated as a certified alternative formulation must have an aromatic hydrocarbon

content not exceeding 18 percent, or be subject to the

designated alternative limit provisions in subsection (d)

with all designated alternative limits above 18 percent

by volume fully offset in accordance with subsection

(d).

4. Election of expanded exempt volume with requirement for cleaner offset small refiner diesel fuel. If the

small refiner elects to produce offset small refiner diesel

fuel with an expanded exempt volume, its exempt

volume for the year will be 125 percent of its exempt

volume determined in accordance with section (b)(4).

The executive officer shall adjust the aromatics and

cetane number of the standards applicable to the potential volume of small refiner sufficient to offset the potential increased emissions identified pursuant to section 2272(c)(5). The small refiner will be prohibited

during the year from selling or supplying diesel fuel that

it has produced and is intended for nonvehicular applications in California unless the fuel meets the U.S. EPA's

13 CA ADC § 2282 Page 7

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
standards for diesel fuel for use in motor vehicles in 40

CFR sec. 80.29 as it existed July 1, 2000. In the case of

Kern Oil and Refining Co., its exempt volume for the

year would be 2,922,190 barrels per year (equivalent to

8006 bpd; 2,930,196 in leap years). Any small refiner

diesel fuel it sells or supplies in the year as a certified

alternative formulation equivalent to a 20 percent aromatics reference fuel must have an aromatic hydrocarbon content that is 3.5 percentage points lower, and a

cetane number that is 0.5 higher, and an additive content that is 0.02 percentage points higher, than is specified for the alternative formulation. Any small refiner

diesel fuel it sells or supplies which is not designated as

a certified alternative formulation shall have an aromatic hydrocarbon content not exceeding 14 percent.

5. Additional requirement to sell or supply ultra-low

sulfur diesel fuel. In addition to the requirements in section (f)(5)(B)1. through (f)(5)(B)4., a small refiner that

elects to produce gasoline subject to the CaRFG Phase 3

standards for a year must sell or supply in that year up

to 100 bpd of diesel fuel having a sulfur content not exceeding 30 ppm and an aromatic hydrocarbon content

not exceeding 20 percent, to the extent there are buyers

wishing to acquire that diesel fuel on commercially

reasonable terms.

(C) Early opt-in to produce small refiner CaRFG Phase

3. To the extent that the sale or supply of gasoline subject to the CaRFG Phase 3 standards before December

31, 2002 is permitted by section 2261(b)(3), a qualifying small refiner may elect to have to option of producing gasoline subject to the small refiner CaRFG Phase

3 standards for a full year or the remainder of a year prior to December 31, 2002. In that case, section

(e)(5)(B)2.-5. would apply on a pro rata basis to the

portion of the year on and after the effective date of the

election, and the preexisting requirements would apply

on a pro rata basis to the portion of the year prior to the

effective date of the election.

(f) Testing and Recordkeeping.

(1) Each producer shall sample and test for aromatic

hydrocarbon content each final blend of vehicular diesel

fuel which the producer has produced, in accordance

with an applicable test method identified in subsection

(c). If a producer blends diesel fuel components directly

to pipelines, tankships, railway tankcars, or trucks and

trailers, the loading(s) shall be sampled and tested for

aromatic hydrocarbon content by the producer or authorized contractor. The producer shall maintain, for

two years from the date of each sampling, records

showing the sample date, product sampled, container or

other vessel sampled, final blend volume, and the aromatic hydrocarbon content. In the event a producer

sells, offers for sale, or supplies diesel fuel which the

producer claims is not vehicular diesel fuel and which

has an aromatic hydrocarbon content exceeding the

standard set forth in subsection (a)(1), such producer

shall maintain, for two years from the date of any sale

or supply of the fuel, records demonstrating that the

diesel fuel was not vehicular diesel fuel when it was

sold or supplied by the producer. All diesel fuel produced by the producer and not tested as vehicular diesel

fuel by the producer pursuant to this subsection shall be

deemed to have an aromatic hydrocarbon content exceeding 10 percent, unless the producer demonstrates

that the diesel fuel meets the requirements of subsection

(a)(1).

(2) Each importer shall sample and test for aromatic

hydrocarbon content each shipment of vehicular diesel

fuel which the importer has imported by tankship,

pipeline, railway tankcars, trucks and trailers, or other

means, in accordance with an applicable test method

identified in subsection (c). The importer shall maintain,

for two years from the date of each sampling, records

showing the sample date, product sampled, container or

other vessel sampled, the volume of the shipment, and

the aromatic hydrocarbon content. All diesel fuel imported by the importer and not tested as vehicular diesel

fuel by the importer pursuant to this subsection shall be

deemed to have an aromatic hydrocarbon content exceeding 10 percent, unless the importer demonstrates

that the diesel fuel meets the requirements of subsection

(a)(1).

(3) A producer or importer shall provide to the executive officer any records required to be maintained by

the producer or importer pursuant to this subsection (d)

13 CA ADC § 2282 Page 8

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
within 20 days of a written request from the executive

officer if the request is received before expiration of the

period during which the records are required to be

maintained. Whenever a producer or importer fails to

provide records regarding a final blend of vehicular

diesel fuel in accordance with the requirements of this

subsection, the final blend of diesel fuel shall be presumed to have been sold by the producer in violation of

subsection (a)(1).

(4) The executive officer may perform any sampling

and testing deemed necessary to determine compliance

by any person with the requirements of subsection (a)

and may require that special samples be drawn and

tested at any time.

(5) The executive officer may enter into a protocol

with any producer, importer, or person who sells, offers

for sale, or transfers diesel fuel to a producer for the

purpose of specifying alternative sampling, testing, recordkeeping, or reporting requirements which shall satisfy the provisions of subsections (f)(1), (f)(2), or (e)(3).

The executive officer may only enter into such a protocol if s/he reasonably determines that application of

the regulatory requirements under the protocol will be

consistent with the state board's ability effectively to

enforce the provisions of subsection (a). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol.

(g) Certified Diesel Fuel Formulations Resulting in

Equivalent Emissions Reductions.

(1) The executive officer, upon application of any

producer or importer, may certify diesel fuel formulations in accordance with this subsection (g). The applicant shall initially submit a proposed test protocol to the

executive officer. The proposed test protocol shall include: (A) the identify of the entity proposed to conduct

the tests described in subsection (g)(4); (B) test procedures consistent with the requirements of this subsection

(g); (C) test data showing that the candidate fuel meets

the specifications for No. 2-D diesel fuel set forth in

ASTM D975- 81 (which is incorporated herein by reference), and identifying the characteristics of the candidate fuel set forth in subsection (g)(2); (D) test data

showing that the fuel to be used as the reference fuel

satisfies the specifications identified in subsection

(g)(3); (E) reasonably adequate quality assurance and

quality control procedures; and (F) notification of any

outlier identification and exclusion procedure that will

be used, and a demonstration that any such procedure

meets generally accepted statistical principles.

Within 20 days of receipt of a proposed test protocol, the executive officer shall advise the applicant in

writing either that it is complete or that specified additional information is required to make it complete.

Within 15 days of submittal of additional information,

the executive officer shall advise the applicant in writing either that the information submitted makes the proposed test protocol complete or that specified additional

information is still required to make it complete. Within

20 days after the proposed test protocol is deemed complete, the executive officer shall either approve the test

protocol as consistent with this subsection (g) or advise

the applicant in writing of the changes necessary to

make the test protocol consistent with this subsection

(g). Any notification of approval of the test protocol

shall include the name, telephone number, and address

of the executive officer's designee to receive notifications pursuant to subsection (g)(4)(C)(ii). The tests shall

not be conducted until the protocol is approved by the

executive officer.

Upon completion of the tests, the applicant may submit an application for certification to the executive officer. The application shall include the approved test

protocol, all of the test data, a copy of the complete test

log prepared in accordance with subsection

(g)(4)(C)(ii), a demonstration that the candidate fuel

meets the requirements for certification set forth in this

subsection (g), and such other information as the executive officer may reasonably require.

Within 20 days of receipt of an application, the executive officer shall advise the applicant in writing either

that it is complete or that specified additional information is required to make it complete. Within 15 days of

submittal of additional information, the executive officer shall advise the applicant in writing either that the

information submitted makes the application complete

13 CA ADC § 2282 Page 9

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
or that specified additional information is still required

to make it complete. Within 30 days after the application is deemed complete, the executive officer shall

grant or deny the application. Any denial shall be accompanied by a written statement of the reasons for

denial.

(2)The candidate fuel.

(A)1. The applicant shall supply the candidate fuel to be

used in the comparative testing pursuant to subsection

(g)(4).

2. The candidate fuel shall meet the specifications for

No. 2-D diesel fuel set forth in ASTM D975-81, which

is incorporated herein by reference, and shall also meet

the requirements in subsections (g)(2)(A)3. and 4.

3.a. Except as otherwise provided in subsection

(g)(2)(A)3.b., the candidate fuel shall meet the following specifications, which are identical to the comparable

specifications for the reference fuel identified in subsection (g)(3):

ASTM Candidate Fuel

Property Test Method Specifications

Gravity, API D287-82 33-39

Viscosity at 400C D455-83 2.0-4.1

Flash point, oF D93-80 130

Distillation, oF

IBP D86-96 340-420

10% REC. 400-490

50% REC. 470-560

90% REC. 550-610

EP 580-660

b. The candidate fuel's value for one or more of the

properties listed in the subsection (g)(2)(A)3.a. table

may be outside the specification in the table if the applicant is specifying the property and candidate fuel's

value pursuant to subsection (g)(2)(C).

4.a. Except for a property to which subsection

(g)(2)(A)3.b applies, the gravity, viscosity, flash point

and distillation values of the candidate fuel may not differ from the corresponding values of the reference fuel

used in the engine emissions testing by more than onehalf of the permitted range for the property. For example, if the API gravity of the reference fuel is 33,

then the API gravity of the candidate fuel may not exceed 36.

b. The candidate fuel's value for one or more of the

properties listed in the subsection (g)(2)(A)3.a. table

may differ from the corresponding value of the reference fuel used in the engine emissions testing by more

than one-half of the permitted range for the property if

the applicant is specifying the property and candidate

fuel's value pursuant to subsection (g)(2)(C).

(B) The following characteristics of the candidate

fuel shall be determined as the average of three tests

conducted in accordance with the referenced test method (the ASTM methods are incorporated herein by reference):

1.a. For formulations certified prior to August 14, 2004,

sulfur content (not to exceed 500 ppm) by ASTM

D2622-94;

b. For formulations certified on or after August 14,

2004, sulfur content (not to exceed 15 ppm) by ASTM

13 CA ADC § 2282 Page 10

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
D5453-93;

2. Total aromatic hydrocarbon content, by ASTM

D5186-96;

3. Polycyclic aromatic hydrocarbon content, by ASTM

D5186-96;

4. Nitrogen content, by ASTM D4629-96;

5. Cetane number, by ASTM D613-84;

6. Identity and concentration of each additive, by a test

method specified by the applicant and determined by

the executive officer to adequately determine the presence and concentration of the additive.

(C) The applicant may also specify any other parameters for the candidate fuel in addition to those listed in

subsection (g)(2)(B), along with the test method for determining the parameters. The applicant shall provide

the chemical composition of each additive in the candidate fuel, except that if the chemical composition of

an additive is not known to either the applicant or to the

manufacturer of the additive (if other), the applicant

may provide a full disclosure of the chemical process of

manufacture of the additive in lieu of its chemical composition.

(3)The reference fuel.

(A) The reference fuel used in the comparative testing

described in subsection (g)(4) shall be produced from

straight-run California diesel fuel by a hydrodearomatization process and shall have the characteristics set

forth below under "General Reference Fuel Specifications" (the listed ASTM methods are incorporated

herein by reference):

Reference Fuel Specifications

General Small Refiner

ASTM Reference Fuel Reference Fuel

Property Test Method Specifications Specifications

Sulfur Content........... D2622-94 500 ppm max. 500 ppm max.

[FN1]....... [FN1]............ [FN1]

D5453-93 15 ppm max. 15 ppm max.

[FN2]....... [FN2]............ [FN2]

Aromatic Hydrocarbon

Content, Vol. W4B D5186-96...... 10% max............ 20% max.

Polycyclic Aromatic

Hydrocarbon Content,

WT. W4B D5186-96...... 1.4% max........... 4% max.

Nitrogen Content......... D4629-96...... 10 ppm max......... 90 ppm max.

Natural Cetane Number.... D613-84....... 48 minimum......... 47 minimum

Gravity, API............. D287-82....... 33-39.............. 33-39

Viscosity at 40.......... D445-83....... 2.0-4.1............ 2.0-4.1

Flash point,............. D93-80........ 130................ 130

Distillation,............ D86-96........

IBP..................... .............. 340-420............ 340-420

10 % REC................ .............. 400-490............ 400-490

50 % REC................ .............. 470-560............ 470-560

90 % REC................ .............. 550-610............ 550-610

EP...................... .............. 580-660............ 580-660

13 CA ADC § 2282 Page 11

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
[FN1] This test method and sulfur content maximum

applies to all reference fuels used for formulations certified prior to August 14, 2004.

[FN2] This test method and sulfur content maximum

applies to all reference fuels used for formulations certified on or after August 1, 2004.

(B) Where the candidate fuel's value for one or more

properties is outside the specification in the table in

subsection (g)(2)(A)3.a as permitted by subsection

(g)(2)(A)3.b., the reference fuel's value for that property

may not be on the opposite side of the mid-point of the

range shown in the table.

(4)(A) Exhaust emission tests using the candidate

fuel and the reference fuel shall be conducted in accordance with the "California Exhaust Emission Standards

and Test Procedures for 1985 and Subsequent Model

Heavy-Duty Diesel-Powered Engines and Vehicles," as

incorporated by reference in Title 13, California Code

of Regulations, Section 1956.8(b). The tests shall be

performed using a Detroit Diesel Corporation Series-60

engine, or, if the executive officer determines that the

Series-60 is no longer representative of the post-1990

model year heavy-duty diesel engine fleet, another engine found by the executive office to be representative

of such engines. A determination by the executive officer that an engine is no longer representative shall not

affect the certification of a diesel fuel formulation based

on prior tests using that engine pursuant to a protocol

approved by the executive officer.

(B) The comparative testing shall be conducted by a

party or parties that are mutually agreed upon by the executive officer and the applicant. The applicant shall be

responsible for all costs of the comparative testing.

(C)1. The applicant shall use one of the following test

sequences:

a. If both cold start and hot start exhaust emission

tests are conducted, a minimum of five exhaust emission tests shall be performed on the engine with each

fuel, using either of the following sequences, where "R"

is the reference fuel and "C" is the candidate fuel: RC

RC RC RC RC and (continuing in the same order), or

RC CR RC CR RC (and continuing in the same order).

The engine mapping procedures and a conditioning

transient cycle shall be conducted with the reference

fuel before each cold start procedure using the reference

fuel. The reference cycle used for the candidate shall be

the same cycle as that used for the fuel preceding it.

b. If only hot start exhaust emission tests are conducted, one of the following test sequences shall be used

throughout the testing, where "R" is the reference fuel

and "C" is the candidate fuel:

Alternative 1: RC CR RC CR (continuing in the

same order for a given calendar day; a minimum of

twenty individual exhaust emission tests must be completed with each fuel)

Alternative 2: RR CC RR CC (continuing in the

same order for a given calendar day; a minimum of

twenty individual exhaust emission tests must be completed with each fuel)

Alternative 3: RRR CCC RRR CCC (continuing in

the same order for a given calendar day; a minimum of

twenty-one individual exhaust emission tests must be

completed with each fuel)

For all alternatives, an equal number of tests shall be

conducted using the reference fuel and the candidate

fuel on any given calendar day. At the beginning of

each calendar day, the sequence of testing shall begin

with the fuel that was tested at the end of the preceding

day. The engine mapping procedures and a conditioning

transient cycle shall be conducted after every fuel

change and/or at the beginning of each day. The reference cycle generated from the reference fuel for the first

test shall be used for all subsequent tests. For alternatives 2 and 3, each paired or triplicate series of individual tests shall be averaged to obtain a single value which

would be used in the calculations conducted pursuant to

13 CA ADC § 2282 Page 12

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
section (g)(5)(C).

2. The applicant shall submit a test schedule to the executive officer at least one week prior to commencement

of the tests. The test schedule shall identify the days on

which the tests will be conducted, and shall provide for

conducting the test consecutively without substantial interruptions other than those resulting from the normal

hours of operations at the test facility. The executive officer shall be permitted to observe any tests. The party

conducting the testing shall maintain a test log which

identifies all tests conducted, all engine mapping procedures, all physical modifications to or operational

tests of the engine, all recalibrations or other changes to

the test instruments, and all interruptions between tests

and the reason for each such interruption. The party

conducting the tests or the applicant shall notify the executive officer by telephone and in writing of any unscheduled interruption resulting in a test delay of 48

hours or more, and of the reason for such delay. Prior to

restarting the test, the applicant or person conducting

the tests shall provide the executive officer with a revised schedule for the remaining tests. All tests conducted in accordance with the test schedule, other than any

tests rejected in accordance with an outlier identification and exclusion procedure included in the approved

test protocol, shall be included in the comparison of

emissions pursuant to subsection (g)(5).

(D) In each test of a fuel, exhaust emissions of oxides of

nitrogen (NOx) and particulate matter (PM) shall be

measured. In addition, for each test the soluble organic

fraction (SOF) of the particle matter in the exhaust

emissions shall be determined in accordance with the

Air Resources Board's "Test Method for Soluble Organic Fraction (SOF) Extraction" dated April 1989, which

is incorporated herein by reference.

(5) The average emissions during testing with the

candidate fuel shall be compared to the average emissions during testing with the reference fuel , applying

one-sided Student's t statistics as set forth in Snedecar

and Cochran, Statistical Methods (7th ed.), page 91,

Iowa State University Press, 1980, which is incorporated herein by reference. The executive officer shall issue a certification pursuant to this paragraph only if he

or she makes all of the determinations set forth in subsections (g)(5)(A) and (B) below, after applying the criteria in subsection (g)(5)(C).

(A) The average individual emissions of NOx, PM, and

SOF, respectively, during testing with the candidate fuel

do not exceed the average individual emissions of NOx,

PM, and SOF, respectively, during testing with the reference fuel.

(B) Use of any additive identified pursuant to subsection (g)(2)(B)6. in heavy-duty engines will not increase

emissions of noxious or toxic substances which would

not be emitted by such engines operating without the

additive.

(C) In order for the determinations in subsection

(g)(5)(A) to be made, for each referenced pollutant the

candidate fuel shall satisfy the following relationship:

13 CA ADC § 2282 Page 13

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

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

X

c

= Average emissions during testing with the candidate fuel

X

R

= Average emissions during testing with the reference fuel

d = tolerance level equal to 1 percent of

X

R

for NOx, 2 percent of

X

R

for PM, and 1 percent of

X

R

for SOF. S

p

= Pooled standard deviation t (a,

2n-2) = The one-sided upper percentage point of t distribution with a = 0.15 and 2n-2 degrees of freedom n =

Number of tests of candidate and reference fuel

(6) If the executive officer finds that a candidate fuel

has been properly tested in accordance with this subsection (g), and makes the determinations specified in subsection (g)(5), then he or she shall issue an Executive

Order certifying the diesel fuel formulation represented

by the candidate fuel. The Executive order shall identify

all of the characteristics of the candidate fuel determined pursuant to subsection (g)(2). The Executive Order

shall provide that the certified diesel fuel formulation

has the following specifications: (1) a sulfur content,

total aromatic hydrocarbon content, polycyclic aromatic

hydrocarbon content, and nitrogen content not exceeding that of the candidate fuel, (2) a cetane number not

less than that of the test fuel, (3) any additional fuel

specification required under subsection (g)(2)(A)3.b,

and (4) presence of all additives that were contained in

the candidate fuel, in a concentration not less than in the

test fuel, except for an additive demonstrated by the applicant to have the sole effect of increasing cetane number. All such characteristics shall be determined in accordance with the test methods identified in subsection

(g)(2). The Executive Order shall assign an identification name to the specific certified diesel fuel formulation.

(7) In order for a producer or importer of a final

blend to comply with subsection (a) through the sale,

offer for sale or supply of a certified diesel fuel formulation, the producer or importer shall notify the executive officer in accordance with this subsection (g)(7).

The notification shall identify the final blend and the

identification name of the certified diesel fuel formulation. The notification shall be received by the executive

officer at least 12 hours before start of physical transfer

of the final blend from the production or import facility.

A producer or importer intending to have a series of its

final blends be a specific certified formulation may

enter into a protocol with the executive officer for reporting such blends as long as the executive officer

reasonably determines the reporting under the protocol

would provide at least as much notice to the executive

officer as notification pursuant to the express terms of

this subsection (g)(7).

(8) A small refiner may apply for certification of a

diesel fuel formulation to be sold pursuant to subsection

(a)(1)(C). All of the provisions of this subsection (g)

shall apply to certification of such a diesel fuel formulation, except the reference fuel in the comparative testing

13 CA ADC § 2282 Page 14

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
described in subsection (g)(4) shall have the characteristics set forth under "Small Refiner Reference Fuel

Specifications" in the table in subsection (g)(3).

(9) (A) If the executive officer determines that a

commercially available diesel fuel blend meets all of

the specifications of a certified diesel fuel formulation

set forth in an Executive Order issued pursuant to subsection (g)(6), but does not meet the criteria in subsection (g)(5) when tested in accordance with subsection

(g)(4), the executive officer shall modify the certification order as is necessary to assure that diesel fuel

blends sold commercially pursuant to the certification

will meet the criteria set forth in subsection (g)(5). The

modifications to the order may include additional specifications or conditions, or a producer of the commercially available diesel fuel blend found not to meet the

criteria.

(B) The executive officer shall not modify a prior certification order without the consent of the applicant and

of the producer of the commercially available diesel

fuel blend found not to meet the criteria, unless the applicant and producer are first afforded an opportunity

for a hearing in accordance with Title 17, California

Code of Regulations, Part III, Chapter 1, Subchapter 1,

Article 4 (commencing with Section 60040). If the executive officer determines that a producer would be unable to comply with this regulation as a direct result of

an order modification pursuant to this subsection, the

executive officer may delay the effective date of such

modification for such period of time as is necessary to

permit the producer to come into compliance in the exercise of all reasonable diligence.

(10) Any diesel fuel formulation certified in accordance with this subsection (g) as it existed before the

amendments effective 12/26/91 shall no longer be considered certified after 12/26/91 unless the executive officer determines that the test data submitted with the application demonstrates that the diesel fuel formulation

satisfies the criteria for certification in subsection (g) as

amended effective 12/26/91.

(h) Designated Equivalent Limits.

(1)Designated equivalent limits.The designated equivalent limits under this section 2282 are set forth in the

following table. Compliance with the limits for the

properties shall be determined by the specified ASTM

methods, which are incorporated herein by reference.

Property Equivalent Limit Test Method

Aromatic Hydrocarbon <=21.0 ASTM D5186-96

Content (% by wt.)

PAH Content (% by wt.) <=3.5 ASTM D5186-96

API Gravity <=36.9 ASTM D287-82

Cetane Number <=53 ASTM D613-84

Nitrogen Content (ppmw) <=500 ASTM D4629-96

Sulfur Content (ppmw) <= 160 before 6/1/06 ASTM D2262-94 before 6/1/06

<= 15 starting 6/1/06 ASTM D5453-93 starting 6/1/06

13 CA ADC § 2282 Page 15

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
(2)Notification requirements.In order for a producer

or importer of a final blend to comply with subsection

(a) through the sale, offer for sale or supply of diesel

fuel subject to all of the designated equivalent limits in

subsection (h)(1), the producer or importer shall notify

the executive officer in accordance with this subsection

(h)(2). The notification shall identify the final blend

subject to the designated equivalent limits and must be

received by the executive officer at least 12 hours before start of physical transfer of the final blend from the

production or import facility. A producer or importer intending to have a series of its final blends be subject to

the designated equivalent limits may enter into a protocol with the executive officer for reporting such

blends as long as the executive officer reasonably determines the reporting under the protocol would provide

at least as much notice to the executive officer as notification pursuant to the express terms of this subsection

(h)(2).

(i) Variances.

(1) Any person who cannot comply with the requirements set forth in subsection (a)(1) because of reasons

beyond the person's reasonable control may apply to the

executive officer for a variance. The application shall

set forth:

(A) the specific grounds upon which the variance is

sought;

(B) the proposed date(s) by which compliance with the

provisions of subsection (a)(1) will be achieved; and

(C) a plan reasonably detailing the method by which

compliance will be achieved.

(2) Upon receipt of an application for a variance containing the information required in subsection (i)(1), the

executive officer shall hold a hearing to determine

whether, or under what conditions and to what extent, a

variance from the requirements in subsection (a)(1) is

necessary and will be permitted. Notice of the time and

place of the hearing shall be sent to the applicant by

certified mail not less than 20 days prior to the hearing.

Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and

sent to every person who requests such notice, not less

than 20 days prior to the hearing.

(3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall

be allowed a reasonable opportunity to testify the hearing and their testimony shall be considered.

(4) No variance shall be granted unless all of the following findings are made:

(A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with subsection (a)(1) would result in an extraordinary economic

hardship;

(B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance

outweighs the public interest in avoiding any increased

emissions of air contaminants which would result from

issuing the variance.

(C) that the compliance plan proposed by the applicant

can reasonably be implemented and will achieve compliance as expeditiously as possible.

(5) Any variance order shall specify a final compliance date by which the requirements in subsection

(a)(1) will be achieved. Any variance order shall also

contain a condition that specified increments of progress necessary to assure timely compliance be

achieved, and such other conditions, including limitations on the aromatic hydrocarbon content of diesel fuel

produced for use in motor vehicles, that the executive

officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code.

(6) The executive officer may require, as a condition

of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by

a corporate surety, be posted by the party to whom the

variance was granted to assure performance of any con13 CA ADC § 2282 Page 16

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
struction, alteration, repair, or other work required by

the terms of conditions of the variance.

Such bond may provide that, if the party granted the

variance fails to perform such work by the agreed date,

the cash bond shall be forfeited to the state board, or the

corporate surety or sureties shall have the option of

promptly remedying the variance default or paying to

the state board an amount, up to the amount specified in

the bond, that is necessary to accomplish the work specified as a condition of the variance.

(7) [Reserved]

(8) No variance which is issued due to conditions of

breakdown, repair, or malfunction of equipment shall

have a duration, including extensions, of more than six

months.

(9) The executive officer may, after holding a hearing

without complying with the provisions of subsections

(i)(2) and (i)(3), issue an emergency variance to a person from the requirements of subsections (a)(1) upon a

showing of reasonably unforeseeable extraordinary

hardship and good cause that a variance is necessary. In

connection with the issuance of an emergency variance,

the executive officer may waive the requirements of

subsection (i)(6). No emergency variance may extend

for a period of more than 45 days. If the applicant for an

emergency variance does not demonstrate that he or she

can comply with the provisions of subsection (a)(1)

within such 45-day period, an emergency variance shall

not be granted unless the applicant makes a prima facie

demonstration that the findings set forth in subsection

(i)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive

officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this

subsection (i)(9), and shall provide advance telephone

notice to any such person.

(10) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition.

(11) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of subsection

(a)(1) after holding a hearing in accordance with the

provisions of subsections (i)(2) and (i)(3).

(j) Whenever this section provides for the use of a

specified test method, another test method may be used

following a determination by the executive officer that

the other method produces results equivalent to the results with the specified method.

<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, 43013,

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. Change without regulatory effect renumbering former section 2256 to section

2282 filed 9-17-91 pursuant to section 100, title 1, California Code of

Regulations (Register 92, No. 4).

2. Amendment of subsections (a)(4), (c)(2), (g)(1)-(6), and (j)(1)-(2) and

13 CA ADC § 2282 Page 17

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
adoption of subsections (g)(5)(D) and (g)(10) filed 11-25-91; operative 12-26-

91 (Register 92, No. 13).

3. New subsections (l)-(l)(3) filed 10-21-93 as an emergency; operative 10-21-

93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to

OAL by 2-18-94 or emergency language will be repealed by operation of law on

the following day.

4. Repeal of subsections (l)(1)-(l)(3) by operation of Government Code

section 11346.1(f) (Register 94, No. 18).

5. Amendment of subsection (e)(1) filed 9-29-94; operative 9-29-94 (Register

94, No. 39).

6. Amendment filed 7-24-95; operative 7-24-95 pursuant to Government Code

section 11343.4(d) (Register 95, No. 30).

7. Editorial correction of subsection (g)(4)(C)(i)2. (Register 95, No. 43).

8. New subsection (b)(0.5), amendment of subsections (b)(14) and (c)(1),

repealer of subsection (c)(2), amendment of subsections (g)(2)(A)-(D) and

(g)(3) filed 7-25-97; operative 8-24-97 (Register 97, No. 30).

9. Amendment of subsections (b)(19)(A)-(B) and new subsections (e)(5)-(e)(5)(C)

filed 8-20-2001; operative 8-20-2001 pursuant to Government Code section

11343.4 (Register 2001, No. 34).

10. Amendment filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).

11. New subsection (a)(2)(A) designator, new subsection (a)(2)(B) and amendment

of Note filed 7-5-2005; operative 8-4-2005 (Register 2005, No. 27).

13 CCR § 2282, 13 CA ADC § 2282

13 CA ADC § 2282

END OF DOCUMENT

13 CA ADC § 2282 Page 18

13 CCR § 2282

Cal. Admin. Code tit. 13, § 2282

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