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 2265.1 - Offsetting Emissions Associated with Higher Sulfur Levels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Assignment of designated
					 emissions offsetting limits and percent change in emissions values for batches
					 of gasoline for which the emissions associated with higher sulfur levels are
					 being offset.
(1) A producer or an
					 importer that produces gasoline that has elected to be subject to the PM
					 emissions offsetting compliance option must assign a designated emissions
					 offsetting limit for the sulfur, benzene, olefin, aromatic hydrocarbon, and
					 oxygen (maximum and minimum) contents, and for the T90, T50, and RVP (during
					 the RVP regulatory control period in section
					 2262.4(b)(2)) for
					 each final blend of California gasoline produced by the producer or the
					 importer and satisfying the notification requirements in this section (a). In
					 no case shall a designated emissions offsetting limit be less than the sulfur,
					 benzene, olefin, or aromatic hydrocarbon contents, T90, T50, or RVP, or less
					 than the maximum oxygen content or greater than the minimum oxygen content of
					 the final blend shown by the sample and test conducted pursuant to section
					 2270. For each final blend, the
					 producer or the importer that produces gasoline shall also assign the percent
					 change in emissions values, as they pertain to the PM emissions offsetting
					 compliance option, for oxides of nitrogen, total ozone forming potential, and
					 potency-weighted toxics.
(2)
Notification of final blends associated with a final blend
					 deficit
(A) Except as otherwise
					 provided, for each final blend that has a percent change in emissions value
					 greater than 0.04 percent for oxides of nitrogen, total ozone forming
					 potential, or potency-weighted toxics (referred to as the deficit final blend),
					 the producer or the importer that produces gasoline shall notify the executive
					 officer in writing, for receipt by the executive officer before the start of
					 physical transfer of the gasoline from the production facility or the import
					 facility, and in no case less than 12 hours before the producer or the importer
					 that produces gasoline either completes physical transfer or commingles the
					 final blend, with the following information:
1. Justification for using the PM emissions
					 offsetting compliance option, including but not limited to, an explanation for
					 the elevated sulfur level in the final blend and why the batch will not be
					 re-blended or a different predictive model formulation will not be
					 developed,
2. The targeted PM
					 alternative specifications that the producer or the importer that produces
					 gasoline was intending to produce and which would have resulted in a passing PM
					 formulation but for the actual sulfur content of the blend,
3. The percent change in emissions values, as
					 they pertain to the PM emissions offsetting compliance option, for oxides of
					 nitrogen, total ozone forming potential, and potency-weighted toxics for the
					 targeted PM alternative specifications,
4. The company name, address, phone number,
					 and contact information,
5. The
					 production facility or import facility name, batch name, number, or other
					 identification, the blend identity, grade of California gasoline, the location
					 (with sufficient specificity to allow ARB inspectors to locate and sample the
					 gasoline; this shall include, but is not limited to, the name of the facility,
					 address, and identification of the tank), and other information that uniquely
					 identifies the California gasoline subject to the PM emissions offsetting
					 compliance option,
6. The estimated
					 volume (in barrels),
7. The
					 designated emissions offsetting limit for RVP, sulfur content, benzene content,
					 aromatics content, olefins content, T50, T90, and oxygen content for the final
					 blend,
8. The percent change in
					 emissions values, as they pertain to the PM emissions offsetting compliance
					 option, for oxides of nitrogen, total ozone forming potential, and
					 potency-weighted toxics for the final blend,
9. A statement, signed by a legal
					 representative for the producer or the importer that produces gasoline that all
					 information submitted with the notification is true and correct, and
10. Within 24 hours after the start of the
					 physical transfer, the date and time of the start of physical transfer from the
					 production facility or import facility.
(B) A producer or importer that produces
					 gasoline may report an actual volume that is less than the estimated volume, as
					 long as notification of the actual volume is received by the executive officer
					 no later than 48 hours after completion of the physical transfer of the final
					 blend from the production facility or import facility. If notification of the
					 actual volume is not timely received by the executive officer, the reported
					 estimated volume shall be deemed the reported actual volume. If the actual
					 volume is larger than initially estimated, the producer or the importer that
					 produces gasoline shall revise the reported estimated volume by notifying the
					 executive officer no later than 24 hours after completion of the physical
					 transfer of the final blend from the production facility or import
					 facility.
(3)
Notification of final blends associated with a final blend
					 credit.
(A) For each final blend
					 associated with a final blend credit, the producer or the importer that
					 produces gasoline shall notify the Executive Officer in writing for receipt by
					 the Executive Officer before the start of physical transfer of the gasoline
					 from the production facility or the import facility, and in no case less than
					 12 hours before the producer or the importer that produces gasoline either
					 completes physical transfer or commingles the final blend, with the following
					 information:
1. The company name, address,
					 phone number, and contact information,
2. The production facility or the import
					 facility name, batch name, number, or other identification, the blend identity,
					 grade of California gasoline, the location (with sufficient specificity to
					 allow ARB inspectors to locate and sample the gasoline; this shall include, but
					 is not limited to, the name of the facility, address, and identification of the
					 tank), and other information that uniquely identifies the California gasoline
					 associated with a final blend credit,
3. The estimated volume (in
					 barrels),
4. The designated
					 emissions offsetting limits for RVP, sulfur content, benzene content, aromatics
					 content, olefins content, T50, T90, and oxygen content for the final
					 blend,
5. The percent change in
					 emissions values, as they pertain to the PM emissions offsetting compliance
					 option, for oxides of nitrogen, total ozone forming potential, and
					 potency-weighted toxics for the final blend,
6. A statement, signed by a legal
					 representative for the producer or the importer that produces gasoline that all
					 information submitted with the notification is true and correct, and
7. Within 24 hours after the completion of
					 the physical transfer, the date and time of the completion of physical transfer
					 from the production facility or the import facility.
(B) A producer or importer that produces
					 gasoline may report an actual volume that is more than the estimated volume, as
					 long as notification of the actual volume is received by the executive officer
					 no later than 48 hours after completion of the physical transfer of the final
					 blend from the production facility or the import facility. If notification of
					 the actual volume is not timely received by the executive officer, the reported
					 estimated volume shall be deemed the reported actual volume. If the actual
					 volume is less than initially estimated, the producer or the importer that
					 produces gasoline shall revise the reported estimated volume by notifying the
					 executive officer no later than 24 hours after completion of the physical
					 transfer of the final blend from the production facility or import
					 facility.
(4) If, through
					 no intentional or negligent conduct, a producer or importer that produces
					 gasoline cannot report within the time period specified in (a)(2) or (a)(3)
					 above, the producer or importer that produces gasoline may notify the executive
					 officer of the required data as soon as reasonably possible and may provide a
					 written explanation of the cause of the delay in reporting. If, based on the
					 written explanation and the surrounding circumstances, the executive officer
					 determines that the conditions of this section (a)(4) have been met, timely
					 notification shall be deemed to have occurred.
(5) The executive officer may enter into a
					 written protocol with any individual producer or importer that produces
					 gasoline for the purposes of specifying how the requirements in sections (a)(2)
					 and (c) shall be applied to the producer's or importer's particular operations,
					 as long as the executive officer reasonably determines that application of the
					 regulatory requirements under the protocol is not less stringent or enforceable
					 than application of the express terms of sections (a)(2) and (c). Any such
					 protocol shall include the producer's or importer's agreement to be bound by
					 the terms of the protocol.