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 VEHICLE 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, importer, or distributor of the gasoline 

has been issued a currently effective certification for California gasoline pursuant to subsection (c), originally dated 

no earlier than July 1, 1996. Existing certifications dated 

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 concentration of the additive or additives identified in the final application 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 satisfaction with the requirements 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 purchaser, recipient, 

or offeree of the gasoline stating that he or she is a distributor who has been issued a currently effective certification pursuant to subsection (c), and will cause the gasoline 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 

demonstrates 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 distributor of the gasoline must notify the Compliance Division 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 gasoline in violation of subsection 

(a)(1).

(b) Definitions.

For the purposes of this section:

(1) "Additive" means any substance or mixture of substances that is intentionally added to gasoline for the purpose 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 weight, 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 between any producer's or importer's facility and any retail 

outlet or wholesale purchaser-consumer's facility.

(6) "Final distribution facility" means the stationary gasoline 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 motor 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 include a facility whose sole operation is to transfer gasoline 

or to blend additives into gasoline.

(9) "Importer" means any person who first accepts delivery of gasoline 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 facility 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 California gasoline in California.

(14) "Retail outlet" means any establishment at which 

gasoline is sold or offered for sale for use in motor vehicles.

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

physically separate facility, vehicle, or transportation system.

(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 officer's satisfaction:

(i) The gasoline formulation meets a maximum of 50 

milligrams averaged over all intake valves when tested in 

accordance with ASTM D 5500-98, which is incorporated 

herein by reference. As an alternative, intake valve deposits 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 incorporated herein by reference.

(iii) The gasoline formulation meeting the requirements of 

(c)(1)(A)(i), does not result in more than 1300 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) The 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 executive officer's satisfaction that a gasoline formulation 

which meets the performance criteria of the alternative test 

procedure would also meet the performance criteria specified in subsection (c)(1)(A).

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

executive officer for 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 or 
13 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 formulation, 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 formulation 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 assurance 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 the certification test fuel must be at least 80 

percent of the maximum properties of the gasoline formulation to be certified for the following: aromatic hydrocarbon content, olefin content, sulfur content, and 

oxygen content. The T90 distillation temperature 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 representative of typical commercial gasoline.

(E) Data demonstrating how the certification test fuel was 

produced including a list of blend stocks, such as reformate, oxygenates, cracked stocks, alkylate, isomerate, 

straight run stocks and any other blend stocks, along with 

the percentage of the total which each blend stock comprises. Data may also be requested which demonstrates 

that the certification test fuel blend stocks are representative of typical California refinery blend stocks used for the 

production 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 gasoline 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 gasoline 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 additive 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 adequately demonstrate the 

presence and concentration of the additive.

(3) Within 30 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 30 days of submittal of additional information, the executive officer shall 

advise the applicant in writing either that the application is 

complete, or that specified additional information or testing is still required before 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 identified 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 producer, importer or distributor contains the 

minimum concentration of additives identified in an applicable certification, but substantially fails to meet the 

performance criteria set forth in subsection (c)(1), the 

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 or modify a prior certification order 

without first affording the applicant for the certification 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, importer or 

distributor would be unable to comply with this regulation 

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

delay 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 who 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, importer 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 producer, 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. Records 

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 executive officer 

any such records within 20 days of a written request received from the executive officer or his/her designee before expiration of the period during which the records are 

required to be retained. Whenever such a person fails to 

provide records 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).

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

Tables>

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 Pollution 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 99, No. 21).

13 CA ADC s 2257

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