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 2270 - Testing and Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) The requirements of this section (a)
					 shall apply to each producer and importer that has elected to be subject to an
					 averaging limit in section
					 2262, or to a PM averaging limit,
					 or to a producer or importer that produces gasoline that has elected to be
					 subject to the PM emissions offsetting compliance option pursuant to section
					 2264.2(d). The
					 references to sulfur content shall apply to each producer or importer that has
					 elected to be subject to the section
					 2262 averaging limit for sulfur,
					 or to a PM averaging limit for sulfur, or to a producer or importer that
					 produces gasoline that has elected to be subject to the PM emissions offsetting
					 compliance option pursuant to section
					 2264.2(d). The
					 references to benzene content shall apply to each producer or importer that has
					 elected to be subject to the section
					 2262 averaging limit for benzene,
					 or to a PM averaging limit for benzene, or to a producer or importer that
					 produces gasoline that has elected to be subject to the PM emissions offsetting
					 compliance option pursuant to section
					 2264.2(d). The
					 references to olefin content shall apply to each producer or importer that has
					 elected to be subject to the section
					 2262 averaging limit for olefin
					 content, or to a PM averaging limit for olefin content, or to a producer or
					 importer that produces gasoline that has elected to be subject to the PM
					 emissions offsetting compliance option pursuant to section
					 2264.2(d). The
					 reference to T90 shall apply to each producer or importer that has elected to
					 be subject to the section
					 2262 averaging limit for T90, or
					 to a PM averaging limit for T90, or to a producer or importer that produces
					 gasoline that has elected to be subject to the PM emissions offsetting
					 compliance option pursuant to section
					 2264.2(d). The
					 references to T50 shall apply to each producer or importer that has elected to
					 be subject to the section
					 2262 averaging limit for T50, or
					 to a PM averaging limit for T50, or to a producer or importer that produces
					 gasoline that has elected to be subject to the PM emissions offsetting
					 compliance option pursuant to section
					 2264.2(d). The
					 references to aromatic hydrocarbon content shall apply to each producer or
					 importer that has elected to be subject to the section
					 2262 averaging limit for aromatic
					 hydrocarbon content, or to a PM averaging limit for aromatic hydrocarbon
					 content, or to a producer or importer that produces gasoline that has elected
					 to be subject to the PM emissions offsetting compliance option pursuant to
					 section 2264.2(d). The
					 references to oxygen content and RVP shall apply to each producer or importer
					 that produces gasoline that has elected to be subject to the PM emissions
					 offsetting compliance option pursuant to section
					 2264.2(d).
(2) Each producer shall sample and test for
					 the sulfur, aromatic hydrocarbon, olefin, oxygen, and benzene content, RVP
					 (during the RVP regulatory control periods in section
					 2262.4(b)(2)),
					 T50 and T90 in each final blend of California gasoline which the producer has
					 produced, by collecting and analyzing a representative sample of gasoline taken
					 from the final blend, using the methodologies specified in section
					 2263. If a producer blends
					 gasoline components directly to pipelines, tankships, railway tankcars or
					 trucks and trailers, the loading(s) shall be sampled and tested for the sulfur,
					 aromatic hydrocarbon, olefin, oxygen, and benzene content, RVP (during the RVP
					 regulatory control periods in section
					 2262.4(b)(2)),
					 T50 and T90 by the producer or authorized contractor. The producer shall
					 maintain, for two years from the date of each sampling, records showing the
					 sample date, identity of blend sampled, container or other vessel sampled,
					 final blend volume, sulfur, aromatic hydrocarbon olefin, oxygen, and benzene
					 content, RVP, T50 and T90. All gasoline produced by the producer and not tested
					 as California gasoline by the producer as required by this section shall be
					 deemed to have a sulfur, aromatic hydrocarbon, olefin, oxygen, and benzene
					 content, RVP (during the RVP regulatory control periods in section
					 2262.4(b)(2)),
					 T50 and T90 exceeding the applicable averaging limit standards specified in
					 section 2262, or exceeding the comparable
					 PM averaging limits if applicable, or exceeding the designated emissions
					 offsetting limits, unless the importer demonstrates that the gasoline meets
					 those standards and limits.
(3)
					 Each importer shall sample and test for the sulfur, aromatic hydrocarbon,
					 olefin and benzene content, T50 and T90 in each final blend of California
					 gasoline which the importer has imported by tankship, pipeline, railway
					 tankcars, trucks and trailers, or other means, by collecting and analyzing a
					 representative sample of the gasoline, using the methodologies specified in
					 section 2263. 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 final
					 blend, sulfur content, aromatic hydrocarbon, olefin and benzene content, T50
					 and T90. All gasoline imported by the importer and not tested as California
					 gasoline by the importer as required by this section shall be deemed to have a
					 sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 exceeding
					 the applicable averaging limits standards specified in section
					 2262, or exceeding the comparable
					 PM averaging limit(s) if applicable, or exceeding the designated emissions
					 offsetting limits, unless the importer demonstrates that the gasoline meets
					 those standards and limit(s).
(4) A
					 producer or importer shall provide to the executive officer any records
					 required to be maintained by the producer or importer pursuant to this section
					 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 California gasoline in accordance with the
					 requirements of this section, the final blend of gasoline shall be presumed to
					 have been sold by the producer or importer in violation of the applicable
					 averaging limit standards in section
					 2262, or the PM averaging
					 limit(s), or exceeding the designated emissions offsetting limits, to which the
					 producer or importer has elected to be subject.
(5) The executive officer may enter into a
					 protocol with any producer or importer for the purpose of specifying
					 alternative sampling, testing, recordkeeping, or reporting requirements which
					 shall satisfy the provisions of sections (a)(2) or (a)(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 averaging
					 limit standards in section
					 2262, the averaging limit
					 compliance requirements in section
					 2262.3(c), the PM
					 averaging limit(s), the PM emissions offsetting compliance option requirements
					 in section
					 2265.1, and the alternative
					 emission reduction plan requirements in section
					 2265.5. Any such protocol shall
					 include the producer's or importer's agreement to be bound by the terms of the
					 protocol.