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 2266.5 - Requirements Pertaining to California Reformulated Gasoline Blendstock for Oxygen Blending (CARBOB) and Downstream Blending

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Application of the California
					 gasoline standards to CARBOB.
(1)
Applicability of standards and requirements to CARBOB.
All of
					 the standards and requirements in sections
					 2261,
					 2262,
					 2262.3,
					 2262.4,
					 2262.5(a), (b), (c) and
					 (e),
					 2262.6,
					 2264,
					 2264.2,
					 2265,
					 2266,
					 2267,
					 2268,
					 2270,
					 2271 and
					 2272 pertaining to California
					 gasoline or transactions involving California gasoline also apply to CARBOB or
					 transactions involving CARBOB. Whenever the term "California gasoline" is used
					 in the sections identified in the preceding sentence, the term means
					 "California gasoline or CARBOB." Whenever the term "gasoline" is used in
					 section 2265(b)(1), the
					 term means "California gasoline or CARBOB."
(2)
Determining whether a final blend
					 of CARBOB complies with the standards for California gasoline.
(A)
General.
1. Applicability. This section (a)(2) governs
					 the determination of whether a final blend of CARBOB complies with the
					 standards for California gasoline that apply when the gasoline is sold or
					 supplied from the production or import facility at which it was produced or
					 imported. Section (a)(6) governs the determination of whether downstream CARBOB
					 that has already been supplied from its production or import facility complies
					 with the applicable cap limits for California gasoline.
2. Where a producer or importer has
					 designated a final blend as CARBOB and has complied with all applicable
					 provisions of this section
					 2266.5, the properties of the
					 final blend for purposes of compliance with sections
					 2262,
					 2262.3,
					 2262.4,
					 2262.5,
					 2262.6,
					 2265 and
					 2266 shall be determined in
					 accordance with section (a)(2)(B) or (a)(2)(C) as applicable.
3. If the producer or importer has not
					 complied with all applicable provisions of this section
					 2266.5, the properties of the
					 final blend for purposes of the producer's or importer's compliance with the
					 limits for sulfur, benzene, aromatic hydrocarbons, olefins, T50, T90, and
					 oxygen required by sections
					 2262.3,
					 2262.5,
					 2265 and
					 2266 shall be determined without
					 using the CARBOB Model or adding oxygenate to the gasoline, and compliance with
					 the flat limits for Reid vapor pressure and oxygenates required by sections
					 2262.4,
					 2262.6,
					 2265 and
					 2266 shall be determined in
					 accordance with section (a)(2)(B) or (a)(2)(C) as
					 applicable.
(B)
Determining whether a final blend of CARBOB complies with the standards
					 for California gasoline by use of the CARBOB Model.
1. A producer or importer may elect to have
					 the CARBOB model used in determining whether a final blend designated as CARBOB
					 complies with the standards applicable to California gasoline, by providing the
					 notice in section (b)(1)(C). In this case, the CARBOB limits for the final
					 blend shall be determined in accordance with the "Procedures for Using the
					 California Model for California Reformulated Gasoline Blendstocks for Oxygenate
					 Blending (CARBOB)," as adopted April 25, 2001, last amended August 7, 2008,
					 which is incorporated by reference herein. The CARBOB's compliance with the
					 assigned CARBOB limit for a property shall constitute compliance with the
					 corresponding finished gasoline limit -- be it a section
					 2262 flat limit, PM flat limit, TC
					 limit, or (if no designated alternative limit has been established) section
					 2262 or PM averaging limit. In
					 addition, where the producer or importer has elected to use the CARBOB model
					 for a given final blend that is not being transferred from its production or
					 import facility during the Reid vapor pressure control period for that facility
					 set forth in section
					 2262.4(a), the
					 final blend must have a Reid vapor pressure no lower than the value used in the
					 T50 CARBOB model.
2.
					 Notwithstanding section (a)(2)(B)1., where a final blend of CARBOB is sampled
					 and analyzed by a state board inspector in accordance with section
					 2263 using the methodology in
					 (a)(2)(C), the results may be used to establish a violation of applicable
					 standards for California gasoline.
(C)
Determining whether a final blend
					 of CARBOB complies with the standards for California gasoline by oxygenate
					 blending and testing.
Except as otherwise provided in section
					 (a)(2)(B), the properties of a final blend of CARBOB shall be determined for
					 purposes of compliance with sections
					 2262,
					 2262.3,
					 2262.4,
					 2262.5,
					 2262.6,
					 2265, and
					 2266 by adding the specified type
					 and amount of oxygenate to a representative sample of the CARBOB and
					 determining the properties and characteristics of the resulting gasoline in
					 accordance with an applicable test method identified in section
					 2263(b) or
					 permitted under section
					 2263(c). Where
					 the producer or importer has in accordance with section (b)(1)(E) designated a
					 range for oxygen from denatured ethanol of 1.8 wt.% to 2.2 wt.% (or a range
					 that is within 1.8 wt.% and 2.2 wt.% and includes 2.0 wt.%), denatured ethanol
					 equal to 5.7 vol. % of the blended volume shall be added; where the designated
					 range for oxygen from denatured ethanol is 2.5 wt.% to 2.9 wt.% (or is within
					 2.5 wt.% and 2.9% and includes 2.7 wt.%), denatured ethanol equal to 7.7 vol.%
					 of the blended volume shall be added; and where the designated range for oxygen
					 from denatured ethanol is 3.3 wt.% to 3.7 wt.% (or is within 3.3 wt.% and 3.7
					 wt.% and includes 3.5 wt.%), denatured ethanol equal to 10.0 vol.% of the
					 blended volume shall be added. In all other cases where the designated range
					 for oxygen from denatured ethanol is no greater than 0.4 wt.%, the amount of
					 denatured ethanol added shall be the volume percent that results in an oxygen
					 content at the midpoint of the range of oxygen, based on the following
					 equation:
Vol.% Denatured Ethanol=620 / [(218.8 / wt.% oxygen) -
						0.40]
Where the producer or importer has in accordance with
						section (b)(1)(E) designated a range of amounts of oxygen that is greater than
						0.4 wt.%, or an oxygenate other than denatured ethanol, the oxygenate shall be
						added in an amount that results in an oxygen content within 0.2 wt.% of the
						designated minimum oxygen level.
(D)
Characteristics of denatured
					 ethanol used in determining whether a final blend of CARBOB complies with the
					 standards for California gasoline.
1.
Default denatured ethanol characteristics on or after December 31, 2003
					 when the CARBOB Model is used.
Except as provided in section
					 (a)(2)(D)3., where a producer or importer has elected to use the CARBOB Model
					 for a final blend of CARBOB supplied from its production or import facility on
					 or after December 31, 2003, the following default denatured ethanol
					 specifications shall be specified for the CARBOB Model:
Sulfur content:
10 parts per million
Benzene content:
0.06 volume percent
Olefin content:
0.5 volume percent
Aromatic hydrocarbon content:
1.7 volume percent
2.
Default denatured ethanol
					 characteristics on or after December 31, 2003 when the CARBOB Model is not
					 used.
Except as provided in section (a)(2)(D)3., where a producer or
					 importer has not elected to use the CARBOB Model, denatured ethanol used as the
					 oxygenate must have the following properties in determining whether CARBOB
					 complies with the standards applicable to California gasoline when it is
					 supplied from the production facility or import facility on or after December
					 31, 2003:
Sulfur content:
3-10 parts per million
Benzene content:
0-0.06 volume percent
Olefin content:
0-0.5 volume percent
Aromatic hydrocarbon content:
0-1.7 volume percent
3.
Producer- or importer-specified
					 characteristics of denatured ethanol used in determining whether a final blend
					 of CARBOB complies with the standards for California gasoline.
a. With respect to a final blend of CARBOB
					 supplied from its production or import facility prior to December 31, 2003, the
					 producer or importer must specify the properties of the oxygenate used in
					 determining whether the final blend of CARBOB complies with the applicable
					 California gasoline standards, by providing the notice in section (b)(1)(D).
					 With respect to a final blend of CARBOB supplied from its production or import
					 facility on or after December 31, 2003, the producer or importer may elect to
					 specify the properties of the oxygenate in accordance with the preceding
					 sentence. Where the producer or importer has elected to use the CARBOB model in
					 connection with the final blend, the maximum value for each property identified
					 in the section (b)(1)(D) notification shall be used for the CARBOB Model. Where
					 the producer or importer has not elected to use the CARBOB model in connection
					 with the final blend, the oxygenate used in oxygenate blending and testing in
					 accordance with section (a)(2)(C)1. must not exceed the maximum value for each
					 property identified in the section (b)(1)(D) notification; that oxygenate's
					 specifications for each property may be under the maximum value for each
					 property identified in the section (b)(1)(D) notification by no more than the
					 following:
Sulfur content:
5 parts per million
Benzene content:
0.06 volume percent
Olefin content:
0.1 volume percent
Aromatic hydrocarbon content:
1.0 volume percent
b.
Maintaining oxygenate samples for
					 use in compliance testing.
A producer or importer who is specifying
					 the properties of the oxygenate used in a final blend of CARBOB in accordance
					 with the preceding section (a)(2)(D)3.a. must maintain at the production or
					 import facility, while the final blend is at the facility, oxygenate meeting
					 the required specifications in quantities that are sufficient to enable state
					 board inspectors to use the oxygenate in compliance
					 determinations.
(E)
Protocol for determining whether
					 a final blend of CARBOB complies with the standards for California
					 gasoline.
The executive officer may enter into a written protocol with
					 any individual producer or importer for the purpose of specifying a alternative
					 method for determining whether a final blend of CARBOB complies with the
					 standards for California gasoline, as long as the executive officer reasonably
					 determines that application of the protocol is not less stringent or
					 enforceable than application of the express terms of section (a)(2)(A)-(D). Any
					 such protocol shall include the producer's or importer's agreement to be bound
					 by the terms of the protocol.
(3)
Calculating the volume of a final
					 blend of CARBOB.
Where a producer or importer has designated a final
					 blend as CARBOB and has complied with all applicable provisions of this section
					 2266.5, the volume of the final
					 blend shall be calculated for all purposes under section
					 2264 by adding the minimum
					 designated amount of the oxygenate having the smallest volume designated by the
					 producer or importer. If the producer or importer has not complied with any
					 applicable provisions of this section
					 2266.5, the volume of the final
					 blend for purposes of the refiner or producer's compliance with sections
					 2262,
					 2262.3,
					 2262.4,
					 2262.5,
					 2262.6,
					 2265 and
					 2266 shall be calculated without
					 adding the amount of oxygenate to the CARBOB.
(4)
Specifications for a final blend
					 of CARBOB when the CARBOB model is not being used.
A producer or
					 importer who has not elected to use the CARBOB model pursuant to section
					 (a)(2)(B) with regard to a final blend of CARBOB may not sell, offer for sale,
					 supply or offer for sale that final blend of CARBOB from its production
					 facility or import facility where the sulfur, benzene, olefin or aromatic
					 hydrocarbon content of the CARBOB, when multiplied by (1 minus the designated
					 maximum volume percent, expressed as a decimal fraction, that the oxygenate
					 will represent after it is added to the CARBOB), results in a sulfur, benzene,
					 olefin or aromatic hydrocarbon content value exceeding the applicable limit for
					 that property.
(5)
Assignment of designated alternative limits for CARBOB and for the
					 oxygenated California gasoline where the producer or importer has elected to
					 use the CARBOB model.
(A)
Applicability
. This section (a)(5) applies where a producer or
					 importer has elected to have the CARBOB model apply in connection with a final
					 blend of CARBOB which is also subject to an averaging compliance option or a PM
					 averaging compliance option for one or more properties.
(B)
Assignment of CARBOB designated
					 alternative limit
. The producer or importer may assign a CARBOB
					 designated alternative limit for the final blend of CARBOB by satisfying the
					 notification requirements of section (a)(5)(D). In no case shall a CARBOB
					 designated alternative limit be less than the sulfur, benzene, olefin or
					 aromatic hydrocarbon content, or T90 or T50, of the final blend shown by the
					 sample and test of the CARBOB conducted pursuant to section
					 2270. The CARBOB designated
					 alternative limit shall be treated as the designated alternative limit under
					 section 2262.3(c)(2), and
					 a violation of section
					 2262.3(c)(2) will
					 exist when the CARBOB exceeds the CARBOB designated alternative
					 limit.
(C)
Determining the
					 designated alternative limit for the final blend after the CARBOB is
					 oxygenated
. Whenever a producer or importer has assigned a designated
					 alternative limit for a final blend of CARBOB, the designated alternative limit
					 for the final blend after the CARBOB is oxygenated shall be determined in
					 accordance with the "Procedures for Using the California Model for California
					 Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)," as adopted
					 April 25, 2001, last amended August 7, 2008, which is incorporated by reference
					 herein. This will be the final blend's designated alternative limit for
					 purposes of compliance with sections
					 2262.3(c)(3) and
					 2264(b) and
					 (c).
(D)
Notification
. The
					 producer or importer shall notify the executive officer of the CARBOB
					 designated alternative limit, the designated alternative limit for the final
					 blend after it is oxygenated, and all other information identified in section
					 2264(a)(2)(A),
					 within the time limits set forth in section
					 2264(a)(2)(A) and
					 subject to section
					 2264(a)(3) and
					 (4).
(6)
Determining whether downstream
					 CARBOB complies with the cap limits for California gasoline.
(A)
Determining whether downstream
					 CARBOB complies with the cap limits for California gasoline through the use of
					 CARBOB cap limits derived from the CARBOB Model.
Whenever downstream
					 CARBOB designated for ethanol blending has already been supplied from its
					 production or import facility, the CARBOB's compliance with the cap limits for
					 California gasoline may be determined by applying the CARBOB cap limits in the
					 following table:
Property
CARBOB Cap
								  Limits
CaRFG2
CaRFG3
Reid Vapor
								  Pressure
1
5.78
5.99
(pounds per square
								  inch)
Sulfur Content
89
66
2
(parts per million by weight)
32
2
212
Benzene Content
1.33
1.22
(percent by volume)
Aromatics Content
33.1
38.7
(percent by volume)
Olefins Content
11.1
11.1
(percent by volume)
T50
232
3
232
3
(degrees Fahrenheit)
237
3
237
3
T90
335
335
(degrees Fahrenheit)
1 The Reid vapor pressure
						standards apply only during the warmer weather months identified in section
						2262.4.
2 The CaRFG Phase 3 CARBOB cap
						limits for sulfur are phased in starting December 31, 2003, December 31, 2005,
						and December 31, 2011, in accordance with section
						2261(b)(1)(A).
3 The first number applies to
						CARBOB that is subject to the Reid vapor pressure standard pursuant to section
						2262.4, and the second number
						applies to CARBOB that is not subject to the Reid vapor pressure
						standard.
(B)
Determining whether downstream CARBOB complies with the cap limits for
					 California gasoline by oxygenate blending and testing.
Whenever
					 downstream CARBOB designated for oxygenate blending has already been supplied
					 from its production or import facility, the CARBOB's compliance with the cap
					 limits for California gasoline may be determined by adding the specified type
					 and amount of oxygenate to a representative sample of the CARBOB and
					 determining the properties and characteristics of the resulting gasoline in
					 accordance with an applicable test method identified in section
					 2263(b) or
					 permitted under section
					 2263(c).
					 Denatured ethanol used as the oxygenate must have the properties set forth in
					 section (a)(2)(D)2. Where the designated range for oxygen from denatured
					 ethanol is 1.8 wt.% and 2.2 wt.% (or is within 1.8 wt.% and 2.2 wt.% and
					 includes 2.0 wt.%), denatured ethanol equal to 5.7 vol.% of the blended volume
					 shall be added; where the designated range for oxygen from denatured ethanol is
					 2.5 wt.% and 2.9 wt.% (or is within 2.5 wt.% and 2.9 wt.% and includes 2.7
					 wt.%), denatured ethanol equal to 7.7 vol.% of the blended volume shall be
					 added; and where the designated range for oxygen from denatured ethanol is 3.3
					 wt.% to 3.7 wt.% (or is within 3.3 wt.% and 3.7 wt.% and includes 
					 3/5 wt.%),
					 denatured ethanol equal to 10.0 vol.% of the blended volume shall be added. In
					 all other cases where the designated range for oxygen from denatured ethanol is
					 no greater than 0.4 wt.%, the amount of denatured ethanol added shall be the
					 volume percent that results in an oxygen content at the midpoint of the range
					 of oxygen, based on the following equation:
Vol.% Denatured Ethanol=620 / [(218.8 / wt.% oxygen) -
						0.40]
Where the designated a range of amounts of oxygen is
						greater than 0.4 wt.%, or an oxygenate other than denatured ethanol is
						designated, the oxygenate shall be added in an amount that results in an oxygen
						content within 0.2 wt.% of the designated minimum oxygen
						level.
(C)
Protocols.
A person may enter into a protocol with the
					 executive officer for the purpose of identifying more stringent specifications
					 for the denatured ethanol used pursuant to section (a)(6)(B), or different
					 CARBOB cap limits under section (a)(6)(A), if the executive officer reasonably
					 determines that the specifications or cap limits are reasonably premised on the
					 person's program to assure that the denatured ethanol added to the CARBOB by
					 oxygenate blenders will meet the more stringent
					 specifications.