California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 5 - Standards for Motor Vehicle Fuels › Article 1 - Standards for Gasoline › Subarticle 2 - Standards for Gasoline Sold Beginning March 1, 1996 › Section 2260 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purposes of this subarticle, the following definitions apply:
(0.5) "Air basin" has the same meaning as
					 defined in section
					 39012
					 of the Health and Safety Code.
(0.7) "Alternative emission reduction plan"
					 means with respect to a specific gasoline property, the compliance option set
					 forth in section
					 2265.5.
(1) "Alternative gasoline formulation" means
					 a final blend of gasoline that is either a PM alternative gasoline formulation
					 or a test-certified alternative gasoline formulation.
(2) "Averaging compliance option" means, with
					 respect to a specific gasoline property, the compliance option set forth in
					 section 2262.3(c).
(3) "ASTM" means the American Society of
					 Testing and Materials.
(4) "Bulk
					 purchaser-consumer" means a person that purchases or otherwise obtains gasoline
					 in bulk and then dispenses it into the fuel tanks or motor vehicles owned or
					 operated by the person.
(5) "Bulk
					 plant" means an intermediate gasoline distribution facility where delivery of
					 gasoline to and from the facility is solely by truck.
(6) "California gasoline" means:
(A) Gasoline sold, intended for sale, or made
					 available for sale as a motor vehicle fuel in California; and
(B) Gasoline that is produced in California,
					 and that the producer knows or reasonably should know will be offered for sale
					 or supply at an out-of-state terminal or bulk plant at which it will be
					 identified as gasoline produced in California and suitable for sale as a motor
					 vehicle fuel in California.
(6.5) "California reformulated gasoline
					 blendstock for oxygenate blending, or 'CARBOB,'" means a petroleum-derived
					 liquid which is intended to be, or is represented as, a product that will
					 constitute California gasoline upon the addition of a specified type and
					 percentage (or range of percentages) of oxygenate to the product after the
					 product has been supplied from the production or import facility at which it
					 was produced or imported.
(6.6)
					 "CaRFG Phase 2" means California Phase 2 reformulated gasoline.
(6.7) "CaRFG Phase 3" means California Phase
					 3 reformulated gasoline.
(6.8)
					 "CARBOB limits" means, for a final blend of CARBOB, CARBOB specifications for
					 maximum Reid vapor pressure, sulfur content, benzene content, olefin content,
					 aromatic hydrocarbon content, T50 and T90, and maximum and minimum oxygen
					 content, expressed to the number of significant figures identified for each
					 property in the section
					 2262 standards table, and for any
					 other property identified in a certification order issued by the Executive
					 Officer pursuant to the "California Procedures for Evaluating Alternative
					 Specifications for Gasoline Using Vehicle Emissions Testing," incorporated by
					 reference in section
					 2266(a), if
					 applicable.
(6.9) "Common carrier
					 pipeline" means a pipeline operating under Public Utilities Commission tariffs
					 which offers refined petroleum product transportation services to any qualified
					 shipper.
(7) "Designated
					 alternative limit" means an alternative gasoline specification limit, expressed
					 in the nearest part per million by weight for sulfur content, nearest hundredth
					 percent by volume for benzene content, nearest tenth percent by volume for
					 aromatic hydrocarbon content, nearest tenth percent for olefin content, and
					 nearest degree Fahrenheit for T90 and T50, which is assigned by a producer or
					 importer to a final blend of California gasoline pursuant to section
					 2264.
(7.5) "Designated emissions offsetting limit"
					 means an alternative gasoline specification limit, expressed in the nearest
					 hundredth pound per square inch for RVP, nearest tenth percent by weight for
					 oxygen, nearest part per million by weight for sulfur content, nearest
					 hundredth percent by volume for benzene content, nearest tenth percent by
					 volume for aromatic hydrocarbon content, nearest tenth percent for olefin
					 content, and nearest degree Fahrenheit for T90 and T50, which is assigned by a
					 producer or importer that produces gasoline to a final blend of California
					 gasoline pursuant to section
					 2265.1.
(7.7) "Drag reducing agent" means a long
					 chain polymer chemical that is used in crude oil, refined products or
					 non-potable water pipelines injected by the pipeline operator in small amounts
					 (parts per million) and is used to reduce the frictional pressure drop along
					 the pipeline's length.
(8)
					 "Ethanol" means ethyl alcohol which meets any additional requirements for
					 ethanol or ethyl alcohol in Health and Safety Code section
					 43830.
(8.5) "Emissions associated with permeation"
					 means the incremental increase in emissions because of permeation which is
					 calculated as the difference between the emissions from the producer's or
					 importer's final blend formulation and the flat limits without ethanol. The
					 Phase 3 reformulated gasoline Predictive Model, as described in the "California
					 Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated
					 Gasoline Using the California Predictive Model" as incorporated by reference in
					 section 2265(a)(2)(A),
					 shall be used to calculate emissions associated with permeation.
Emissions are calculated as follows:
Ozone Forming Potential (tons per day)=18.4 (tons per
						day) * (PCE(OFP)/2.39) * 2.80 * percent share of California gasoline sales
						covered by the AERP, and
NOx (tons per day)=427.8 (tons per day) * PCE(NOx) *
						percent share of California gasoline sales covered by the AERP, where PCE(OFP)
						and PCE(NOx)=Percent change in emissions, as predicted by the CaRFG3 Predictive
						Model for Ozone Forming Potential (OFP) and Oxides of Nitrogen (NOx),
						respectively, as described in the applicable version of the "California
						Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated
						Gasoline Using the California Predictive Model" as incorporated by reference in
						section 2265(a)(2)(A).
(9) "Executive Officer" means the executive
					 officer of the Air Resources Board, or his or her designee.
(10) "Final blend" means a distinct quantity
					 of gasoline or CARBOB which is introduced into commerce in California without
					 further alteration which would tend to affect a regulated gasoline
					 specification of the fuel.
(10.5)
					 "Final blend credit" means the credit from a final blend of gasoline that may
					 be used to offset a producer's or importer's final blend deficit. The amount of
					 final blend credit shall be calculated as follows:
Final Blend Credit=(PCE - PCEt) *
						Vc, where
PCE=Percent change in emissions values as reported by the
						producer or importer pursuant to section
						2265(a)(2)(C).
PCEt=Percent change in emissions
						values, as they pertain to the PM emissions offsetting compliance option, for
						the PM alternative specifications that the producer or importer was intending
						to produce and which would have met the criteria for approval in the applicable
						Predictive Model Procedures but for the elevated sulfur content.
Vc=volume, in barrels, of the
						final blend that has a final blend credit.
(10.7) "Final blend deficit" means the
					 deficit from a final blend of gasoline that a producer or importer must offset.
					 The amount of final blend deficit shall be calculated as follows:
Final Blend Deficit=(PCE - 0.04) *
						Vd, where
PCE=Percent change in emissions values, as they pertain
						to the PM emissions offsetting compliance option, which are greater than 0.04%.
						If the percent change in emissions values, as they pertain to the PM emissions
						offsetting compliance option, are all less than 0.04%, there is no final blend
						deficit.
Vd=volume, in barrels, of the
						final blend that has a final blend deficit.
(11) "Final distribution facility" means the
					 stationary gasoline transfer point from which gasoline or CARBOB is transferred
					 into the cargo tank truck, pipeline, or other delivery vessel from which the
					 gasoline will be delivered to the facility at which the gasoline will be
					 dispensed into motor vehicles; except that a cargo tank truck is the final
					 distribution facility where the cargo tank truck is used to transport CARBOB
					 and gasoline and carries written documentation demonstrating that the
					 designated type and amount or range of amounts of oxygenates designated by the
					 producer or importer will be or have been blended directly into the cargo tank
					 truck prior to delivery of the resulting gasoline from the cargo tank truck to
					 the facility at which the gasoline will be dispensed into motor
					 vehicles.
(12) "Flat limit
					 compliance option" means, with respect to a specific gasoline property, the
					 compliance option set forth in section
					 2262.3(b),
					 section 2262.4(b)(1), or
					 section 2262.5(c).
(13) "Further process" means to perform any
					 activity on gasoline, including distillation, treating with hydrogen, or
					 blending, for the purpose of bringing the gasoline into compliance with the
					 standards in this subarticle.
(14)
					 "Gasoline" means any fuel that is commonly or commercially known, sold or
					 represented as gasoline, including any volatile mixture of predominantly liquid
					 hydrocarbons that is sold or represented as suitable for use in an automotive
					 spark-ignition engine.
(15)
					 "Imported California gasoline" means California gasoline which is transported
					 into California and does not meet the definition in section
					 2260(a)(6)(B).
(16) "Import facility" means the storage tank
					 to which imported California gasoline or CARBOB is first delivered in
					 California, including, in the case of gasoline or CARBOB imported by cargo tank
					 and delivered directly to a facility for dispensing gasoline into motor
					 vehicles, the cargo tank in which the gasoline or CARBOB is imported.
(17) "Importer" means any person who first
					 accepts delivery in California of imported California gasoline.
(18) "Motor vehicle" has the same meaning as
					 defined in section
					 415 of the
					 Vehicle Code.
(19) "Oxygenate" is
					 any oxygen-containing, ashless, organic compound, such as an alcohol or ether,
					 which, when added to gasoline increases the amount of oxygen in
					 gasoline.
(19.3) "Oxygenate
					 blending facility" means any facility (including a truck) at which oxygenate is
					 added to gasoline or blendstock, and at which the quality or quantity of
					 gasoline is not altered in any other manner except for the addition of deposit
					 control additives or other similar additives.
(19.6) "Oxygenate blender" means any person
					 who owns, leases, operates, controls, or supervises an oxygenate blending
					 facility, or who owns or controls the blendstock or gasoline used or the
					 gasoline produced at an oxygenate blending facility.
(19.7) "Percent change in emissions values,
					 as they pertain to the PM emissions offsetting compliance option" means values
					 calculated, each for oxides of nitrogen, total ozone forming potential, and
					 potency-weighted toxics, from the Phase 3 Predictive Model using the designated
					 emissions offsetting limits for the candidate fuel and the flat limits in
					 section 2262 for the reference fuel, as
					 described in the "California Procedures for Evaluating Alternative
					 Specifications for Phase 3 Reformulated Gasoline Using the California
					 Predictive Model," the applicable version as described in section
					 2265(a)(2)(A),
					 which is incorporated by reference in sections
					 2265(a)(2)(A)(2)-(7).
(19.8) "Pipeline tender" means a specific
					 volume of product having a unique name or designation which is offered to a
					 pipeline for transportation.
(20)
					 "PM alternative gasoline formulation" means a final blend of gasoline that is
					 subject to a set of PM alternative specifications assigned pursuant to section
					 2265(a).
(21) "PM alternative specifications" means
					 the specifications for the following gasoline properties, as determined in
					 accordance with section
					 2263 and expressed to the number
					 of significant figures identified for each property in the section
					 2262 standards table: maximum Reid
					 vapor pressure, maximum sulfur content, maximum benzene content, maximum olefin
					 content, minimum and maximum oxygen content, maximum T50, maximum T90, and
					 maximum aromatic hydrocarbon content.
(22) "PM averaging compliance option" means,
					 with reference to a specific gasoline property, the compliance option for PM
					 alternative gasoline formulations under which final blends of gasoline are
					 assigned designated alternative limits in accordance with section
					 2264.
(23) "PM averaging limit" means a PM
					 alternative specification that is subject to the PM averaging compliance
					 option.
(23.5) "PM emissions
					 offsetting compliance option" means, with respect to a specific gasoline
					 property, the compliance option set forth in section
					 2265.1(a).
(23.7) "PM emissions offsetting formulation"
					 means a final blend of gasoline that is subject to a set of designated
					 emissions offsetting limits assigned pursuant to section
					 2265.1(a).
(24) "PM flat limit" means a PM alternative
					 specification that is subject to the PM flat limit compliance option.
(25) "PM flat limit compliance option" means,
					 with reference to a specific gasoline property, the compliance option under
					 which each gallon of gasoline must meet the specification for the property
					 contained in the PM alternative specifications.
(26)
(A)
					 "Produce" means, except as otherwise provided in section (a)(26)(B) or
					 (a)(26)(C), to convert liquid compounds which are not gasoline into gasoline or
					 CARBOB. When a person blends volumes of blendstocks which are not gasoline with
					 volumes of gasoline acquired from another person, and the resulting blend is
					 gasoline, the person conducting such blending has produced only the portion of
					 the blend which was not previously gasoline. When a person blends gasoline with
					 other volumes of gasoline, without the addition of blendstocks which are not
					 gasoline, the person does not produce gasoline.
(B) Where a person supplies gasoline to a
					 refiner who agrees in writing to further process the gasoline at the refiner's
					 refinery and to be treated as the producer of the gasoline, the refiner shall
					 be deemed for all purposes under this article to be the producer of the
					 gasoline.
(C) Where an oxygenate
					 blender blends oxygenates into CARBOB which has already been supplied from a
					 gasoline production facility or import facility, and does not alter the quality
					 or quantity of the CARBOB or the resulting gasoline in any other manner except
					 for the addition of deposit control additives or other similar additives, the
					 oxygenate blender is not producing any portion of the resulting gasoline, and
					 the producer or importer of the CARBOB is treated as the producer or importer
					 of the full volume of the resulting gasoline.
(26.5) "Produced at a California production
					 facility with the use of any oxygenate other than ethanol or MTBE" means
					 produced at a California production facility in part by either (i) adding at
					 the California production facility any oxygenate, other than ethanol or MTBE,
					 in neat form to the California gasoline or to a blending component used in the
					 gasoline; or (ii) using a blending component that contained greater than 0.10
					 weight percent total oxygen from oxygenates other than ethanol or MTBE when it
					 was supplied to the California production facility.
(27) "Producer" means any person who owns,
					 leases, operates, controls or supervises a California production
					 facility.
(28) "Production
					 facility" means a facility in California at which gasoline or CARBOB is
					 produced. Upon request of a producer, the executive officer may designate, as
					 part of the producer's production facility, a physically separate bulk storage
					 facility which (A) is owned or leased by the producer, and (B) is operated by
					 or at the direction of the producer, and (C) is not used to store or distribute
					 gasoline or CARBOB that is not supplied from the production facility.
(28.5) "Qualifying small refiner" means a
					 small refiner whose California refinery was used in 1998 and 1999 to produce
					 and supply California gasoline meeting the CaRFG Phase 2 standards.
(29) "Qualifying volume" means, for each
					 small refiner, a volume of gasoline determined in accordance with the following
					 four steps, provided that the qualifying volume for Kern Oil & Refining
					 Co.'s Bakersfield refinery shall not exceed 2,920,000 barrels per year (equal
					 to 8000 barrels per day; 2,928,000 barrels per year in leap years):
(A) First, the barrel per calendar day
					 "operating crude oil capacity" of the small refiner's refinery in March 1999 is
					 identified, based on data which are reported to the executive officer from the
					 California Energy Commission (CEC) and are derived from "Monthly Refinery
					 Reports" (EIA 810) submitted to the CEC no later than June 30, 1999. If the CEC
					 is unable to derive such data from the Monthly Refinery Reports for a
					 particular small refiner, the executive officer shall determine the small
					 refiner's operating crude oil capacity in March 1999 based on other publicly
					 available and generally recognized sources.
(B) Second, this operating crude oil capacity
					 is multiplied by 0.9794, representing the highest monthly refinery operating
					 utilization rate in the California refining industry for January 1998 through
					 March 1999, as compiled in the "Monthly Refinery Capacity Data Statewide"
					 report of the CEC.
(C) Third, the
					 resulting crude throughput volume is multiplied by the refinery's highest
					 monthly ratio of gasoline produced to crude oil distilled in January 1998
					 through March 1999, based on data derived by the CEC from the Monthly Refinery
					 Reports submitted to the CEC no later than June 30, 1999.
(D) Fourth, the resulting gasoline volume is
					 multiplied by 365 to identify an annualized value. In the case of leap years,
					 the gasoline volume is multiplied by 366 to identify the annualized
					 value.
(29.5) "Racing
					 vehicle" means a vehicle that:
(A) Is
					 exclusively operated in conjunction with sanctioned racing events;
(B) Exhibits racing features and
					 modifications such that it is incapable of safe and practical street or highway
					 use;
(C) Is not licensed by the
					 State of California Department of Motor Vehicles for operation on public
					 streets or highways; and
(D) Is
					 never operated on public streets or highways.
(30) "Refiner" means any person who owns,
					 leases, operates, controls or supervises a refinery.
(31) "Refinery" means a facility that
					 produces liquid fuels by distilling petroleum.
(32) "Small refiner" means any refiner who
					 owns or 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.
(32.5) "South Coast Area" means the counties
					 of Los Angeles, Orange, Riverside, San Bernardino, and Ventura.
(33) "Stream day" means 24 consecutive hours
					 of actual operation of a refinery.
(34) "Supply" means to provide or transfer a
					 product to a physically separate facility, vehicle, or transportation
					 system.
(35) "TC limits" means the
					 set of specifications identified in a certification issued by the Executive
					 Officer pursuant to the "California Procedures for Evaluating Alternative
					 Specifications for Gasoline Using Vehicle Emissions Testing," incorporated by
					 reference in section
					 2266(a).
(36) "Test-certified alternative gasoline
					 formulation" means a final blend of gasoline that is subject to a set of
					 specifications identified in a certification issued by the Executive Officer
					 pursuant to the "California Procedures for Evaluating Alternative
					 Specifications for Gasoline Using Vehicle Emissions Testing," incorporated by
					 reference in section
					 2266(a).
(37) "Third party" means any person who
					 applies for, or has a, third party AERP or a third party EERP.
(38) "Third party AERP" means an AERP whose
					 application was submitted by a third party and approved by the Executive
					 Officer.
(39) "Third party EERP"
					 means an EERP whose application was submitted by a third party and approved by
					 the Executive Officer.