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 - Gasoline Subject to PM Alternative Specifications Based on the California Predictive Model

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Election to
					 sell or supply a final blend as a PM alternative gasoline formulation.
(1) In order to sell or supply from its
					 production facility or import facility a final blend of California gasoline as
					 a PM alternative gasoline formulation subject to PM alternative specifications,
					 a producer or importer shall satisfy the requirements of this section
					 (a).
(2)
(A)
Evaluation of the Candidate PM
					 Alternative Specifications
.
1. The
					 producer or importer shall evaluate the candidate PM alternative specifications
					 in accordance with the applicable "Predictive Model Procedures" documents
					 incorporated by reference below.
2.
Gasoline Subject to the CaRFG Phase 2 Standards
. The producer
					 or importer shall evaluate the candidate PM alternative specifications for
					 gasoline subject to the CaRFG Phase 2 standards in accordance with the Air
					 Resources Board's "California Procedures for Evaluating Alternative
					 Specifications for Phase 2 Reformulated Gasoline Using the California
					 Predictive Model," as adopted April 20, 1995, and last amended December 11,
					 1998, which is incorporated herein by reference.
3.
Gasoline Subject to the CaRFG
					 Phase 3 Standards and Supplied From September 2, 2000 through August 19,
					 2001
. For a final blend subject to the CaRFG Phase 3 standards and
					 starting to be sold or supplied from the production or import facility from
					 September 2, 2000 through August 19, 2001, the producer or importer shall
					 evaluate the candidate PM alternative specifications in accordance with the Air
					 Resources Board's "California Procedures for Evaluating Alternative
					 Specifications for Phase 3 Reformulated Gasoline Using the California
					 Predictive Model," as adopted June 16, 2000, which is incorporated herein by
					 reference.
4.
Gasoline
					 Subject to the CaRFG Phase 3 Standards and Supplied From August 20, 2001
					 through April 8, 2005
. For a final blend subject to the CaRFG Phase 3
					 standards and starting to be sold or supplied from the production or import
					 facility from August 20, 2001 through April 8, 2005, the producer or importer
					 shall evaluate the candidate PM alternative specifications in accordance with
					 the Air Resources Board's "California Procedures for Evaluating Alternative
					 Specifications for Phase 3 Reformulated Gasoline Using the California
					 Predictive Model," as adopted April 25, 2001, which is incorporated herein by
					 reference.
5.
Gasoline
					 Supplied From April 9, 2005 through December 30, 2009
. For a final
					 blend starting to be sold or supplied from the production or import facility
					 from April 9, 2005, through December 30, 2009, the producer or importer shall
					 evaluate the candidate PM alternative specifications in accordance with the Air
					 Resources Board's "California Procedures for Evaluating Alternative
					 Specifications for Phase 3 Reformulated Gasoline Using the California
					 Predictive Model," as amended November 18, 2004, which is incorporated herein
					 by reference.
6.
Gasoline
					 Supplied From December 31, 2009 through October 8, 2012
. For a final
					 blend starting to be sold or supplied from the production or import facility
					 from December 31, 2009 through October 8, 2012, the producer or importer shall
					 evaluate the candidate PM alternative specifications for gasoline subject to
					 the CaRFG Phase 3 standards in accordance with the Air Resources Board's
					 "California Procedures for Evaluating Alternative Specifications for Phase 3
					 Reformulated Gasoline Using the California Predictive Model," as last amended
					 August 7, 2008, which is incorporated herein by reference.
7.
Gasoline Supplied Starting October
					 9, 2012
. For a final blend starting to be sold or supplied from the
					 production or import facility on or after October 9, 2012, the producer or
					 importer shall evaluate the candidate PM alternative specifications for
					 gasoline subject to the CaRFG Phase 3 standards in accordance with the Air
					 Resources Board's "California Procedures for Evaluating Alternative
					 Specifications for Phase 3 Reformulated Gasoline Using the California
					 Predictive Model," last amended August 24, 2012, which is incorporated herein
					 by reference.
(B)
Notification to the Executive Officer
. If the PM alternative
					 specifications being evaluated meet the criteria for approval in the applicable
					 Predictive Model Procedures, the producer or importer shall notify the
					 Executive Officer of:
1. The identity and
					 location of the final blend;
2. the
					 PM alternative specifications that will apply to the final blend, including for
					 each specification whether it applies as a PM flat limit or a PM averaging
					 limit;
3. the numerical values for
					 percent change in emissions for oxides of nitrogen, total ozone forming
					 potential, and potency-weighted toxic air contaminants as determined in
					 accordance with the applicable Predictive Model Procedures;
4. the grade of gasoline of the final
					 blend;
5. the location of the final
					 blend with sufficient specificity to locate and sample the gasoline. This shall
					 include, but is not limited to, the name of the facility, address, and
					 identification of the storage tank.
The 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.
(3) Once a producer or importer has notified
					 the executive officer pursuant to this section
					 2265(a) that a
					 final blend of California gasoline is being sold or supplied from a production
					 or import facility as a PM alternative gasoline formulation, all final blends
					 of California gasoline subsequently sold or supplied from that production or
					 import facility shall be subject to the same PM alternative specifications
					 until the producer or importer either (A) designates a final blend at that
					 facility as a PM alternative gasoline formulation subject to different PM
					 alternative specifications, (B) elects in accordance with section
					 2264.2 to have a final blend at
					 that facility subject to flat limit compliance options and/or averaging
					 compliance options, or (C) elects in accordance with section
					 2266(c) to sell a
					 final blend at that facility as an alternative gasoline formulation, or (D)
					 elects in accordance with section
					 2264.2(d) to sell
					 or supply a final blend at that facility as a PM emissions offsetting
					 formulation (applicable only to producers and importers that produce gasoline),
					 or (E) elects in accordance with section
					 2265.5 to have a final blend at
					 that facility subject to a PM alternative emissions reduction plan (applicable
					 only to producers and importers that produce gasoline).
(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) 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). Any such protocol shall include the producer's
					 or importer's agreement to be bound by the terms of the protocol.
(5) If, through no intentional or negligent
					 conduct, a producer or importer cannot report within the time period specified
					 in section (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)(5) have been met, timely
					 notification shall be deemed to have occurred.