Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Basic MTBE prohibitions.
(1) Starting December 31, 2003, no person
shall sell, offer for sale, supply or offer for supply California gasoline
which has been produced at a California production facility in part by either
(i) adding at the California production facility any methyl tertiary-butyl
ether (MTBE) in neat form to the California gasoline or to a blending component
used in the gasoline; or (ii) using a blending component that contained greater
than 0.60 volume percent MTBE when it was supplied to the California production
facility.
(2) No person shall sell,
offer for sale, supply or offer for supply California gasoline which contains
MTBE in concentrations greater than: 0.60 volume percent starting December 31,
2003, 0.30 volume percent starting July 1, 2004, 0.15 volume percent starting
December 31, 2005, and 0.05 volume percent starting July 1,
2007.
(b)
Phase-in of MTBE prohibitions.
(1)
Phase-in of MTBE prohibitions
starting December 31, 2003, and 2005. In the first year in which a
prohibition applies under section
2262.6(a)
starting on December 31, the prohibition shall be phased in as follows:
(A) Starting December 31, for all sales,
supplies, or offers of California gasoline by a producer or importer from its
production facility or import facility.
(B) Starting the following February 14, for
all other sales, supplies, offers or movements of California gasoline 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
gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer
facility.
(C) Starting
the following March 31, for all remaining sales, supplies, offers or movements
of California gasoline, including transactions directly involving the fueling
of motor vehicles at a retail outlet or bulk purchaser-consumer
facility.
(2)
Phase-in of MTBE prohibitions starting July 1, 2004 and 2007.
In the first year in which a prohibition applies under section
2262.6(a)
starting on July 1, the prohibition shall be phased in as follows
(A) Starting July 1, for all sales, supplies,
or offers of California gasoline by a producer or importer from its production
facility or import facility.
(B)
Starting the following August 15, for all other sales, supplies, offers or
movements of California gasoline 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 gasoline from a bulk plant
to a retail outlet or bulk purchaser-consumer facility.
(C) Starting the following October 1, for all
remaining sales, supplies, offers or movements of California gasoline,
including transactions directly involving the fueling of motor vehicles at a
retail outlet or bulk purchaser-consumer facility.
(3)
Phase-in for low-throughput
fueling facilities. The prohibitions in section (a) starting
respectively on December 31, 2003, July 1, 2004, December 31, 2005, and July 1,
2007, 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 gasoline demonstrates as an
affirmative defense that the exceedance of the standard was caused by gasoline
delivered to the retail outlet or bulk purchaser-consumer facility prior to the
date on which the delivery became subject to the prohibition pursuant to the
phase-in provisions in section (b).
(c)
Use of oxygenates other than
ethanol or MTBE in California gasoline on or after December 31, 2003.
(1) Starting December 31, 2003, no person
shall sell, offer for sale, supply or offer for supply California gasoline
which has been produced at a California production facility with the use of any
oxygenate other than ethanol or MTBE unless a multimedia evaluation of use of
the oxygenate in California gasoline has been conducted and the California
Environmental Policy Council established by Public Resources Code section 71017
has determined that such use will not cause a significant adverse impact on the
public health or the environment.
(2) Starting December 31, 2003, no person
shall sell, offer for sale, supply or offer for supply California gasoline
which contains a total of more than 0.10 weight percent oxygen collectively
from all of the oxygenates identified in section (c)(4), other than oxygenates
not prohibited by section (c)(1).
(3) Starting July 1, 2004, no person shall
sell, offer for sale, supply or offer for supply California gasoline which
contains a total of more than 0.06 weight percent oxygen collectively from all
of the oxygenates identified in section (c)(4), other than oxygenates not
prohibited by section (c)(1).
(4)
Covered oxygenates. Oxygen from the following oxygenates is
covered by the prohibitions in section
2262.6(c)(1), (2) and
(3):
Methanol
Isopropanol
n-Propanol
n-Butanol
iso-Butanol
sec-Butanol
tert-Butanol
Tert-pentanol
(tert-amylalcohol)
Ethyl tert-butylether (ETBE)
Diisopropylether (DIPE)
Tert-amylmethylether
(TAME)
(5) The prohibitions
in section
2262.6(c)(1) and
(2), and in section
2262.6(c)(3),
shall be phased in respectively as follows:
(A) Starting December 31, 2003 and July 1,
2004 respectively for all sales, supplies, or offers of California gasoline by
a producer or importer from its production facility or import
facility.
(B) Starting February 14,
2004 and August 15, 2004 respectively for all other sales, supplies, offers or
movements of California gasoline 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 gasoline from a bulk plant
to a retail outlet or bulk purchaser-consumer facility.
(C) Starting March 31, 2004 and September 30,
2004 respectively for all remaining sales, supplies, offers or movements of
California gasoline, including transactions directly involving the fueling of
motor vehicles at a retail outlet or bulk purchaser-consumer
facility.
(6)
Phase-in for low-throughput fueling facilities. The
prohibitions in section
2262.6(c)(1) and
(2), and in section
2262.6(c)(3),
starting respectively on December 31, 2003 and July 1, 2004, 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 gasoline demonstrates as an affirmative defense that the
exceedance of the standard was caused by gasoline delivered to the retail
outlet or bulk purchaser-consumer facility prior to the date on which the
delivery became subject to the prohibition pursuant to the phase-in provisions
in section
2262.6(c)(5).
1. New
section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2.
Amendment 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 and new section filed
8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
5. Amendment
of section heading and section filed 12-24-2002; operative 12-24-2002 pursuant
to Government Code section 11343.4 (Register 2002, No. 52).
6.
Amendment filed 5-1-2003; operative 5-1-2003 pursuant to Government Code
section 11343.4 (Register 2003, No. 18).
7. Amendment of subsections
(c)(2)-(3) filed 3-10-2005; operative 4-9-2005 (Register 2005, No.
10).
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 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).
