California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 5 - Standards for Motor Vehicle Fuels › Article 2 - Standards for Diesel Fuel › Section 2281 - Sulfur Content of Diesel Fuel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Regulatory Standard.
(1)
500 parts per
				  million sulfur standard.
On or after October 1, 1993, no person shall
				  sell, offer for sale, or supply any vehicular diesel fuel which has a sulfur
				  content exceeding 500 parts per million by weight. Once the 15 parts per
				  million sulfur content standard becomes applicable to an activity in accordance
				  with the phase-in schedule in subsection (a)(3), the 500 parts per million
				  sulfur content standard shall no longer apply to that activity.
(2)
15 parts per million sulfur
				  standard
. Starting June 2006 in accordance with the phase-in schedule
				  in subsection (a)(3), no person shall sell, offer for sale, supply or offer for
				  supply any vehicular diesel fuel having a sulfur content exceeding 15 parts per
				  million by weight.
(3)
2006
				  phase-in schedule.
The 15 parts per million sulfur standard in section
				  (a)(2) shall apply in place of the 500 parts per million sulfur standard in
				  section (a)(1):
(A) Starting June 1, 2006 to
				  all sales, supplies or offers of vehicular diesel fuel from the production
				  facility or import facility at which it was produced or imported.
(B) Starting July 15, 2006 to all sales,
				  supplies, or offers of vehicular diesel fuel except for transactions directly
				  involving:
1. The fueling of motor vehicles at
				  a retail outlet or bulk purchaser-consumer facility, or
2. The delivery of vehicular diesel fuel from
				  a bulk plant to a retail outlet or purchaser-consumer
				  facility.
(C) Starting
				  September 1, 2006 to all sales, supplies, offers or movements of vehicular
				  diesel, including transactions directly involving the fueling of motor vehicles
				  at a retail outlet or bulk purchaser-consumer facility.
(4)
Phase-in of 2006 standard at
				  low-throughput facilities.
The 15 parts per million sulfur standard in
				  section (a)(2) shall not apply to transactions directly involving the fueling
				  of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where
				  the person selling, offering, or supplying the diesel fuel demonstrates as an
				  affirmative defense that the exceedance of the pertinent standard was caused by
				  diesel fuel delivered to the retail outlet or bulk purchaser-consumer facility
				  prior to July 15, 2006, or delivered to the retail outlet or bulk
				  purchaser-consumer facility directly from a bulk plant prior to September 1,
				  2006.
(5)
Applicability of
				  standards to California nonvehicular diesel fuel.
(A) Activities involving California
				  nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied
				  solely for use in locomotives or marine vessels) are also subject to this
				  section to the extent required by section
				  93114, title 17, California Code
				  of Regulations. As adopted, section
				  93114 requires each air pollution
				  control or air quality management district by December 12, 2004 to treat this
				  section 2281 as applying to California
				  nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied
				  solely for use in locomotives or marine vessels) as if it were vehicular diesel
				  fuel, and to enforce those requirements regarding California nonvehicular
				  diesel fuel, unless the district has proposed its own airborne toxic control
				  measure to reduce particulate emissions from diesel-fueled engines through
				  standards for nonvehicular diesel fuel.
(B) Activities involving California
				  nonvehicular diesel fuel used in harborcraft and most diesel-electric
				  intrastate locomotives are also subject to this section
				  2281 as if the fuel were vehicular
				  diesel fuel, to the extent required by section
				  2299, title 13, California Code of
				  Regulations, and section
				  93117, title 17, California Code
				  of Regulations. As adopted, these regulations make nonvehicular diesel fuel
				  used in most harborcraft in the South Coast Air Quality Management District
				  subject to the requirements of this section
				  2281 starting January 1, 2006, and
				  make all California nonvehicular diesel fuel used in most harborcraft and
				  diesel-electric intrastate locomotives subject to this section
				  2281 starting January 1,
				  2007.
(6) Subsections
				  (a)(1) and (2) shall not apply to a sale, offer for sale, or supply of diesel
				  fuel to a refiner where the refiner further processes the diesel fuel at the
				  refiner's refinery, prior to any subsequent sale, offer for sale, or supply of
				  the diesel fuel.