Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Compliance with the cap limits
for Reid vapor pressure.
(1) No
person shall sell, offer for sale, supply, offer for supply, or transport
California gasoline which exceeds the applicable cap limit for Reid vapor
pressure within each of the air basins during the regulatory period set forth
in section (a)(2).
(2)
Regulatory Control Periods.
(A)
April 1 through October 31 (May 1
through October 31 in 2003 and 2004):
South Coast Air Basin and Ventura County
San Diego Air Basin
Mojave Desert Air Basin
Salton Sea Air Basin
(B)
May 1 through September
30:
Great Basin Valley Air Basin
(C)
May 1 through October
31:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
(D)
June 1 through September
30:
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
(E)
June 1 through October
31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura
County)
(b)
Compliance by producers and
importers with the flat limit for Reid vapor pressure.
(1)
Reid vapor pressure standard for
producers and importers.(A) In an
air basin during the regulatory control periods specified in section (b)(2), 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 a
Reid vapor pressure exceeding the applicable flat limit set forth in section
2262 unless the gasoline has been
reported as either a PM alternative gasoline formulation pursuant to section
2265(a) or a PM
emissions offsetting formulation pursuant to section
2265.1 (applicable only to
producers and importers that produce gasoline) using the evaporative emissions
model element of the CaRFG Phase 3 Predictive Model.
(B) In an air basin during the regulatory
control periods specified in section (b)(2), 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 either as a PM
alternative gasoline formulation pursuant to section
2265(a) or a PM
emissions offsetting formulation pursuant to section
2265.1 (applicable only to
producers and importers that produce gasoline) using the evaporative emissions
model element of the CaRFG Phase 3 Predictive Model if the gasoline has a Reid
vapor pressure exceeding the PM flat limit for Reid vapor pressure in the
identified PM alternative specifications or the designated emissions offsetting
limits, as applicable.
(2)
Regulatory control periods for
production and import facilities.(A)
1.
March 1 through October 31 (Except
as otherwise provided in (A)2. and (A)3. below):
South Coast Air Basin and Ventura County
San Diego Air Basin
Mojave Desert Air Basin
Salton Sea Air Basin
2. In the areas identified in section
2262.4(b)(2)(A)1.,
California gasoline that is supplied March 1 through March 31, 2003 from a
production or import facility that is qualified under this subsection is not
subject to the prohibitions of section
2262.4(b)(1), as
long as the gasoline either is designated as subject to the CaRFG Phase 3
standards, or is subject to the CaRFG Phase 2 standards and also meets the
prohibitions in sections
2262.6(a)(1) and
2262.6(c)
regarding the use of oxygenates. In order for a production or import facility
to be qualified, the producer or importer must notify the Executive Officer in
writing by February 14, 2003 that it has elected to have the facility be
subject to this subsection during March 2003.
3. In the areas identified in section
2262.4(b)(2)(A)1.,
California gasoline that is supplied March 1 through March 31, 2004 from a
production or import facility that was not qualified under section
2262.4(b)(2)(A)2.
is not subject to the prohibitions of section
2262.4(b)(1).
(B)
April 1 through September
30:
Great Basin Valley Air Basin
(C)
April 1 through October
31:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
(D)
May 1 through September
30:
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
(E)
May 1 through October
31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura
County)
(c) Applicability.
(1) Section (a)(1) shall not apply to a
transaction occurring in an air basin during a regulatory control period in
section (a)(2) where the person selling, supplying, or offering the gasoline
demonstrates as an affirmative defense that, prior to the transaction, he or
she has taken reasonably prudent precautions to assure that the gasoline will
be delivered to a retail service station or bulk purchaser-consumer's fueling
facility when the station or facility is not subject to a regulatory control
period in section (a)(2).
(2)
Section (b) shall not apply to a transaction occurring in an air basin during
the applicable regulatory control period for producers and importers where the
person selling, supplying, offering or transporting the gasoline demonstrates
as an affirmative defense that, prior to the transaction, he or she has taken
reasonably prudent precautions to assure that the gasoline will be delivered to
a retail service station or bulk purchaser-consumer's fueling facility located
in an air basin not then subject to the regulatory control period for producers
and importers set forth in section (b)(2).
(3) Section (a)(1) shall not apply to a
transaction occurring in an air basin during the regulatory control period
where the transaction involves the transfer of gasoline from a stationary
storage tank to a motor vehicle fuel tank and the person selling, supplying, or
offering the gasoline demonstrates as an affirmative defense that the last
delivery of gasoline to the stationary storage tank occurred more than fourteen
days before the start of the regulatory control period.
(4) Gasoline that is produced in California,
and is then transported to the South Coast Air Basin, Ventura County, or the
San Diego Air Basin by marine vessel shall be subject to the regulatory control
periods for production and import facilities identified in section
2262.4(b)(2)(A).
1. New
section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2.
Amendment of subsections (b)-(c) and repealer of subsection (d) filed 6-2-95;
operative 7-3-95 (Register 95, No. 22).
3. Amendment filed 9-21-98;
operative 9-21-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 39).
4. Repealer of section and renumbering of
former section
2262.1 to section 2262.4,
including amendment of section heading, section and NOTE, filed 8-3-2000;
operative 9-2-2000 (Register 2000, No. 31).
5. Amendment filed
12-24-2002; operative 12-24-2002 pursuant to Government Code section
11343.4
(Register 2002, No. 52).
6. Amendment of subsections (b)(1) and
(c)(4) filed 3-10-2005; operative 4-9-2005 (Register 2005, No.
10).
7. New subsections (a)(2)(F) and (b)(2)(F) filed 9-9-2005 as an
emergency; operative 9-9-2005 (Register 2005, No. 37). A Certificate of
Compliance must be transmitted to OAL by 1-10-2006 or emergency language will
be repealed by operation of law on the following day.
8.
Reinstatement of section as it existed prior to 9-9-2005 emergency amendment
pursuant to Government Code section
11346.1(f)
(Register 2006, No. 35). The repealed emergency language affecting subsections
(a)(2)(F) and (b)(2)(F) identified a Hurricane Katrina RVP relaxation period
from 9-12-2005 through the end of the 2005 RVP season, during which a less
stringent RVP standard of 9.00 psi applied pursuant to section
2262.
9. Editorial
amendment of HISTORY 8 (Register 2006, No. 42).
10. Amendment of
subsections (b)(1)(A)-(B) filed 8-29-2008; operative 8-29-2008 pursuant to
Government Code section
11343.4
(Register 2008, No. 35).
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,
43101,
43830
and
43830.8,
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).
