13 CA ADC § 2257 Page 1

13 CCR s 2257

Cal. Admin. Code tit. 13 , s 2257

© 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 1. GASOLINE STANDARDS THAT

BECAME APPLICABLE BEFORE 1996 This database is current through 12/26/2003, Register

2003, No. 52.

s 2257. Required Additives in Gasoline.

(a) Regulatory Standard.

(1) On or after January 1, 1992, no person shall sell, offer for sale, supply, or offer for supply any California gasoline

unless at the time of the transaction:

[i] the producer, impo rter, or distributor of the gasoline has been issued a currently effective certification for Ca lifornia gasoline pursuant to subsection (c), originally dated no earlier than July 1, 1996. Existing certifications da ted between July 1, 1996 and July 16, 1999 that meet the standards described in subsection (c)(1)(A)(i) and (c)(1)(A)(ii) [including those which used test method

ASTM D 5500

- 94] are exempted from subsection (c)(1)(A)(iii), and

[ii] the gasoline contains at least the minimum concentr ation of the additive or additives identified in the final a pplication for certification.

(2) Subsection (a)(1) shall not apply to transactions where the person selling, supplying, or offering the gasoline

demonstrates that:

[i] the gasoline has not yet been sold, offered, or supplied from the final distribution facility, and either

[ii] the person has taken reasonably prudent precautions to assure that he or she will bring the gasoline into satisfa ction with the requireme nts of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility,

or [iii] at or before the time of the transaction the person has

obtained a written statement from the purchas er, recipient, or offeree of the gasoline stating that he or she is a di stributor who has been issued a currently effective certification pursuant to subsection (c), and will cause the gas oline to satisfy the requirements of subsection (a)(1) before

it is sold, supplied or offered from the final distribution facility.

(3) Subsection (a)(1)[ii] shall not apply to the sale, supply, or offer of gasoline from a final distribution facility where the person selling, supplying, or offering the gasoline

demonstra tes that the gasoline will be corrected to comply with section (a)(1)[ii] prior to the sale of gasoline from the retail outlet to be dispensed into motor vehicles. If such corrective action is taken, the producer, importer, or di stributor of the gasoline m ust notify the Compliance Div ision of the Air Resources Board by telephone or in writing within 2 business days of the correction and must maintain

records to document each occurrence in accordance with subsection (d).

(4) For the purposes of subsection (a)(1), each sale of gasoline at retail for use in a motor vehicle, and each supply of gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gas oline in violation of subsection (a)(1).

(b) Definitions.

For the purposes of this section:

(1) "Additive" means any substance or mixture of su bstances that is intentionally added to gasoline for the pu rpose of reducing or preventing fuel injection system or intake valve deposits, and that is not intentionally removed prior to the gasoline's sale or use.

(2) "Bulk purchaser

- consumer" means a person who purchases or otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person.

(3) "California gasoline" means gasoline sold or intended

for sale as a motor vehicle fuel in California.13 CA ADC § 2257 Page 2

13 CCR s 2257

Cal. Admin. Code tit. 13 , s 2257

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (4) "Chemical composition" means the name, percentage by weig ht, and chemical identification of each compound

in an additive.

(5) "Distributor" means any person who transports or stores or causes the transportation or storage of gasoline, produced or imported by another person, at any point b etween any producer's or importer's facility and any retail outlet or wholesale purchaser

- consumer's facility.

(6) "Final distribution facility" means the stationary ga soline transfer point from which gasoline is transferred into

the cargo tank truck, pipeline, or other delivery vessel from which the gasoline will be delivered to the facility at which the gasoline will be dispensed into motor vehicles.

(7) "Gasoline" means any fuel which is sold or intended

for sale as a California m otor vehicle fuel and is either: (a) commonly or commercially known or sold as gasoline, or (b) any fuel blend of gasoline as defined in (a) and alcohol in which the portion of gasoline is more than 50 percent of

the total blend.

(8) "Gasoline production facility" means a facility in California at which gasoline is produced; it does not i nclude a facility whose sole operation is to transfer gasoline or to blend additives into gasoline.

(9) "Importer" means any person who first accepts del ivery of gasoli ne in California.

(10) "Import facility" means the facility at which imported gasoline is first received in California, including, in the case of gasoline imported by cargo tank and delivered directly to a facili ty for dispensing gasoline into motor vehicles, the cargo tank in which the gasoline is imported.

(11) "Motor vehicle" has the same meaning as defined in

section 415 of the Vehicle Code.

(12) "Produce" means to convert liquid compounds which are not gasoline into gasoline.

(13) "Producer" means any person who produces Cal ifornia gasoline in California.

(14) "Retail outlet" means any establishment at which gasoline is sold or offered f or sale for use in motor v ehicles. (15) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation sy stem.

(c) Certification Requirements.

(1)(A) No gasoline formulation shall be certified under this subsection (c) unless the applicant for certification demonstrates each of the following to the executive offi cer's satisfaction:

(i) The gasoline formulation meets a maximum of 50 milligrams averaged over all i ntake valves when tested in

accordance with ASTM D 5500

- 98, which is incorporated herein by reference. As an alternative, intake valve dep osits may be tested in accordance with subsection (c)(1)(A)(iii).

(ii) The gasoline formulation does not result in a flow loss of more than five percent for any fuel injector when tested

in accordance with ASTM D 5598

- 95a, which is incorp orated herein by reference.

(iii) The gasoline formulation meeting the requirements of (c)(1)(A)(i), does not result in more than 13 00 milligrams total deposit weight, averaged over all four combustion chambers, or, does not result in more than 140 percent total deposit weight from all four combustion chambers, relative to the gasoline formulation containing no additive, when

tested in accordance with the Stationary Source Division's Test Method for Evaluating Intake Valve and Combustion Chamber Deposits in Vehicle Engines, dated March 12, 1999, which is incorporated herein by reference.

(B) T he executive officer may approve alternative test procedures for demonstrating satisfaction with any of the performance criteria set forth in subsection (c)(1)(A) if an applicant or potential applicant demonstrates to the e xecutive officer's satisfaction t hat a gasoline formulation which meets the performance criteria of the alternative test procedure would also meet the performance criteria sp ecified in subsection (c)(1)(A).

(2) Any producer, importer, or distributor may apply to the

executive officer fo r certification of a gasoline formulation in accordance with this subsection (c). The application shall be in writing and shall include, at a minimum, the following:

(A) The name and chemical composition of the additive or13 CA ADC § 2257 Page 3

13 CCR s 2257

Cal. Admin. Code tit. 13 , s 2257

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. additives in the gasoline formu lation, except that if the chemical composition is not known to either the applicant or to the manufacturer of the additive (if other than the applicant), the applicant may provide a full disclosure of the chemical process of manufacture of the additive in lieu of its chemical composition.

(B) The minimum concentration of each additive in the gasoline formulation in terms of gallons of additive per thousand gallons of gasoline.

(C) The results of tests conducted on the gasoline form ulation pursuant to the test procedures set forth in subsection (c)(1), all data generated by the tests, the identity of the entity which conducted each test, and a description of the quality assuranc e and quality control procedures used during the testing.

(D) Data demonstrating that the fuel used for certification testing ( "certification test fuel") is representative of the gasoline formulation for which certification is requested. Properties of t he certification test fuel must be at least 80 percent of the maximum properties of the gasoline fo rmulation to be certified for the following: aromatic h ydrocarbon content, olefin content, sulfur content, and oxygen content. The T90 distillation temperatu re of the

certification test fuel cannot be less than 40° F below the gasoline formulation for which certification is requested. All other certification test fuel properties must be repr esentative of typical commercial gasoline.

(E) Data demonstrating how the certification test fuel was produced including a list of blend stocks, such as refo rmate, oxygenates, cracked stocks, alkylate, isomerate, straight run stocks and any other blend s tocks, along with the percentage of the total which each blend stock co mprises. Data may also be requested which demonstrates that the certification test fuel blend stocks are represent ative of typical California refinery blend stocks used for the producti on of California gasoline.

(F) The theoretical mechanism of action (if known) of the additive in meeting any of the performance criteria set forth in subsection (c)(1)(A).

(G) Copies of all material pertaining to the additive or additives in the gasoli ne formulation, submitted by the applicant to the U.S. Environmental Protection Agency pursuant to 40 CFR sections 79.6, 79.10 and 79.11. If the applicant has submitted no such material, copies of all material pertaining to the additive or additives in the ga soline formulation, submitted by the additive manufacturer to the U. S. Environmental Protection Agency pursuant to 40 CFR sections 79.6, 79.20 and 79.21.

(H) A test method reasonably adequate for determining the presence and concentration of each add itive in the gasoline, including test method reproducibility. The test method may involve identification of the presence of a surrogate marker substance if the applicant demonstrates

that such test method will ad equately demonstrate the presence and concentration of the additive.

(3) Within 30 days of receipt of an application, the e xecutive officer shall advise the applicant in writing either that it is complete or that specified additional information is requi red to make it complete. Within 30 days of su bmittal of additional information, the executive officer shall advise the applicant in writing either that the application is complete, or that specified additional information or tes ting is still required befor e it can be deemed complete.

(4) If the executive officer finds that an application meets the requirements of this section and determines that the applicant has satisfactorily made the demonstrations ide ntified in subsection (c)(1), then he or she shall issue an Executive Order certifying the gasoline fuel formulation. The executive officer shall act on a complete application within 30 days after the application is deemed complete.

(5) If the executive officer determines that the gasoline sold by a prod ucer, importer or distributor contains the

minimum concentration of additives identified in an a pplicable certification, but substantially fails to meet the performance criteria set forth in subsection (c)(1), th e executive officer shall revoke or modify the prior certification as is necessary to assure that gasoline sold by the producer, importer or distributor meets the performance criteria set forth in subsection (c)(1). The executive officer

shall not revoke o r modify a prior certification order without first affording the applicant for the certification an opportunity for a hearing in accordance with title 17, Ca lifornia Code of Regulations, part III, chapter 1, subchapter 1, article 4 (commencing with section 60040). If the e xecutive officer determines that a producer, importer or distributor would be unable to comply with this regulation

as a direct result of a certification revocation or modific ation pursuant to this subsection, the executive officer may

del ay the effective date of such revocation or modification for such period of time as is necessary to permit the person to come into compliance in the exercise of all reasonable diligence.13 CA ADC § 2257 Page 4

13 CCR s 2257

Cal. Admin. Code tit. 13 , s 2257

© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. (d) Recordkeeping.

(1) Each producer, importer, and distributor w ho has been issued a certification pursuant to subsection (c) must maintain records identifying each facility at which he or she adds an additive to California gasoline in order to comply with subsection (a)(1). For each such facility, the producer, import er or distributor must compile records showing on a monthly basis for each grade of gasoline:

[i] the volume of California gasoline supplied from the facility by the producer, importer or distributor,

[ii] the volume of California gasoline to which the pr oducer, importer or distributor added the additive to comply with subsection (a)(1), and

[iii] the name and volume of each additive (or additive package) added to the California gasoline fuel. Record s covering a month must be compiled no later than 30 days after the end of the month, and must be retained for at least two years after the end of the month. (2) Any person required by subsection (d)(1) to compile and retain records must provide to the e xecutive officer any such records within 20 days of a written request r eceived from the executive officer or his/her designee b efore expiration of the period during which the records are required to be retained. Whenever such a person fails to provide reco rds regarding a volume of California gasoline in accordance with this subsection (d)(2), the volume of California gasoline will be presumed to have been sold by the person in violation of subsection (a)(1).

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Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101 of the Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air Poll ution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 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 7

- 12

- 91; operative 8

- 12

- 91 (Register 91, No. 43).

2. Amendment filed 9

- 13

- 96; operative 10

- 13

- 96 (Register 96, No. 37).

3. Amendment filed 5

- 17

- 99; operative 7

- 16

- 99 (Register 9 9, No. 21).

13 CA ADC s 2257

END OF DOCUMENT