Cal. Code Regs. Tit. 13, § 2266 - Certified Gasoline Formulations Resulting in Equivalent Emission Reductions Based on Motor Vehicle Emissions Testing

(a) Certification of test-certified alternative gasoline formulations. Following application by a producer or importer, the executive officer may certify, and identify alternative specifications for, a test-certified alternative gasoline formulation pursuant to the Air Resources Board's "California Procedures for Evaluating Alternative Specifications for Gasoline Using Vehicle Emissions Testing," as last amended April 25, 2001, which is incorporated herein by reference. Notwithstanding section 2265.5(a), a producer or an importer that produces gasoline that has elected to be subject to a test-certified alternative gasoline formulation pursuant to section 2266 shall offset its emissions associated with permeation by complying with sections 2265.5(b)-(i).

(b) Prohibited activities regarding test-certified alternative gasoline formulations.

(1) No producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which has been reported pursuant to section (c) as a test-certified alternative gasoline formulation, if it fails to conform with any of the alternative specifications identified in the certification order for the formulation, as determined in accordance with the test methods identified in the certification order.

(2) A producer or importer who has reported a final blend of gasoline as a test-certified alternative gasoline formulation shall not be subject to section 2262.3(b) or (c), section 2262.4(b), and section 2262.5(c).

(3) A producer or importer may not elect to sell or supply from its production or import facility a final blend of California gasoline as a test-certified alternative gasoline formulation if the producer or importer is subject to any outstanding requirements to provide offsets at the same production or import facility pursuant to section 2264(c).

(4) A producer or importer that produces gasoline may not elect to sell or supply from its production facility or import facility a final blend of California gasoline as a test-certified alternative gasoline formulation if the producer or importer is subject to any outstanding requirements to provide offsets at the same production facility or import facility pursuant to section 2265.1(c) or 2265.5.

(5) An importer that does not produce gasoline shall not sell, offer for sale, supply, or offer for supply California gasoline if the gasoline creates emissions associated with permeation.

(c) Notification regarding sales and supplies of a test-certified alternative gasoline formulation. A producer or importer intending to sell or supply a final blend of California gasoline from its production facility or import facility as a test-certified alternative gasoline formulation shall notify the Executive Officer in accordance with this section (c). The notification shall identify the final blend and the identification name of the test-certified alternative gasoline formulation. 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. A producer or importer intending to have a series of its final blends be a specific test-certified alternative gasoline formulation may enter into a protocol with the Executive Officer for reporting such blends as long as the Executive Officer reasonably determines the reporting under the protocol would provide at least as much notice to the Executive Officer as notification pursuant to the express terms of this section (c).

Notes

Cal. Code Regs. Tit. 13, § 2266

1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsection (b)(2) and amendment of NOTE filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
3. Amendment of section heading and section filed 8-20-2001; operative 8-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).
4. Amendment of subsection (a) and new subsections (b)(3)-(5) filed 8-29-2008; operative 8-29-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 35).
5. Amendment of subsection (c) filed 10-9-2012; operative 10-9-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 41).

Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).

1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsection (b)(2) and amendment of Note filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
3. Amendment of section heading and section filed 8-20-2001; operative 8-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).
4. Amendment of subsection (a) and new subsections (b)(3)-(5) filed 8-29-2008; operative 8-29-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 35).
5. Amendment of subsection (c) filed 10-9-2012; operative 10-9-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 41).