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 2264 - Designated Alternative Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Assignment of a designated alternative limit.
(1) A producer or importer that has elected
					 to be subject to an averaging limit specified in section
					 2262 may assign a designated
					 alternative limit to a final blend of California gasoline produced or imported
					 by the producer or importer by satisfying the notification requirements in this
					 section (a). In no case shall a 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 conducted pursuant to section
					 2270, or section
					 2266.5(a), as
					 applicable. If a producer or importer intends to assign designated alternative
					 limits for more than one gasoline specification to a given quantity of
					 gasoline, the party shall identify the same final blend for all designated
					 alternative limits for the gasoline.
(2)
(A) The
					 producer or importer shall notify the executive officer of the estimated volume
					 (in gallons), the designated alternative limit, the blend identity, and the
					 location of each final blend receiving a designated alternative limit. This
					 notification shall be received by the executive officer before the start of
					 physical transfer of the gasoline from the production or import facility, and
					 in no case less than 12 hours before the producer or importer either completes
					 physical transfer or commingles the final blend. A producer or importer may
					 revise the reported estimated volume, as long as notification of the revised
					 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 or
					 import facility. If notification of the revised volume is not timely received
					 by the executive officer, the reported estimated volume shall be deemed the
					 reported actual volume.
(B) For
					 each final blend receiving a designated alternative limit exceeding an
					 applicable averaging limit in section
					 2262, the producer or importer
					 shall notify the executive officer of the date and time of the start of
					 physical transfer from the production or import facility, within 24 hours after
					 the start of such physical transfer. For each final blend receiving a
					 designated alternative limit less than an applicable averaging limit in section
					 2262, the producer or importer
					 shall notify the executive officer of the date and time of the completion of
					 physical transfer from the production or import facility, within 24 hours after
					 the completion of such physical transfer.
(3) If, through no intentional or negligent
					 conduct, a producer or importer cannot report within the time period specified
					 in (a)(2) above, the producer or importer 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)(3) have been met, timely notification
					 shall be deemed to have occurred.
(4) The executive officer may enter into a
					 written protocol with any individual producer or importer for the purposes of
					 specifying how the requirements in section (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 section (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.
(5) Whenever the final
					 blend of a producer or importer includes volumes of gasoline the party has
					 produced or imported and volumes the party has neither produced nor imported,
					 the producer's or importer's designated alternative limit shall be assigned and
					 applied only to the volume of gasoline the party has produced or imported. In
					 such a case, the producer or importer shall report to the executive officer in
					 accordance with section (a) both the volume of gasoline produced and imported
					 by the party, and the total volume of the final blend. The party shall also
					 additionally report the sulfur content, benzene content, olefin content,
					 aromatic hydrocarbon content, T90, and T50, as applicable, of the portion of
					 the final blend neither produced nor imported by the party, determined as set
					 forth in section
					 2270(b), or
					 section 2266.5(a)(2), as
					 applicable.