Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
CaRFG
Phase 3 standards for qualifying small refiners. In place of the CaRFG
Phase 3 standards set forth in section
2262, a qualifying small refiner
may elect to have a final blend of California gasoline supplied from the small
refiner's refinery subject to the "small refiner CaRFG Phase 3 standards,"
which are identical to the CaRFG Phase 3 standards in section
2262 except that:
(i) the flat limit for benzene content is
1.00 percent by volume (vol.%) instead of 0.80 vol.%,
(ii) the flat limit for .aromatics content is
35.0 vol.% instead of 25.0 vol.%,
(iii) the flat limit for T50 is 220° F.
instead of 213° F, and
(iv) the
flat limit for T90 is 312° F. instead of 305° F. This election may only
be made if the small refiner has been issued a currently effective
certification pursuant to section (b) and the gasoline qualifies for treatment
under section (c).
(b)
Certification of small refiners.
(1) A small refiner wishing to produce
gasoline subject to this section shall submit to the executive officer an
application for certification on the Air Resources Board's ARB/SSD/CPB Form
00-3-1, for each of the small refiner's California refineries. The application
shall be executed by a responsible corporate officer under penalty of
perjury.
(2) The small refiner's
application shall set forth: [A] the crude oil capacity of the refinery since
January 1, 1978; [B] the crude oil capacities of all the refineries in
California and the United States which are owned or controlled by, or under
common ownership or control with, the small refiner since September 1, 1988;
[C] data demonstrating that the refinery has the capacity to produce liquid
fuels by distilling petroleum; and [D] a demonstration that the small refiner's
California refinery was used in 1998 and 1999 to produce and supply California
gasoline meeting the CaRFG Phase 2 standards.
(3) Within 30 days of receipt of the
application, the executive officer shall grant or deny it in writing. The
executive officer shall grant the application if he or she determines that: [A]
the application contains all of the information identified in sections (b)(1)
and (2) above, and [B] the applicant meets the definition of small refiner. Any
denial of an application shall include a statement of the reasons for
denial.
(c)
Criteria for qualifying gasoline. Gasoline shall only be
subject to treatment under this section if the small refiner demonstrates all
of the following:
(1) The gasoline was
produced by the small refiner at the small refiner's California
refinery.
(2) The gasoline was
supplied from the small refiner's California refinery in a calendar quarter in
which 25 percent or more of the gasoline that was produced by the small refiner
and that was supplied from the refinery in the calendar quarter was refined at
the small refinery from crude oil. The volume of oxygenates in the gasoline
shall not be counted in making this calculation. The period from December 31,
2003 through March 31, 2004 shall be treated as a calendar quarter under this
section (c)(2).
(3) For the period
December 31, 2003, through December 31, 2004, and for each subsequent calendar
year, the gasoline was supplied from the small refiner's California refinery
before the full qualifying volume of gasoline produced by the small refiner had
been supplied from the refinery during that period or year. In calculating the
volume of gasoline supplied from the refinery, the volume of oxygenates in the
gasoline shall not be counted. Gasoline that is designated by the small refiner
as subject to all of the CaRFG Phase 3 standards in section
2262, and is reported to the
executive officer pursuant to a protocol entered into by the small refiner and
the executive officer, shall not be counted against the qualifying
volume.
(4) At the time the
gasoline was supplied from the small refiner's refinery, the small refiner met
the definition of a small refiner.
(5) The excess emissions of hydrocarbons,
oxides of nitrogen, and potency-weighted toxics are offset pursuant to section
2282, title 13, California Code of
Regulations. The excess emissions from gasoline subject to the small refiner
CaRFG Phase 3 standards are: 0.0206 pounds of exhaust hydrocarbons per barrel,
0.0322 pounds of oxides of nitrogen per barrel, and the potency-weighted toxic
emissions equivalent of 0.0105 pounds of benzene per
barrel.
(d)
Compliance with applicable federal RFG requirements. Any small
refiner subject to this section shall comply with all applicable requirements
of the federal reformulated gasoline regulations in 40 CFR Part 80 Subpart D,
commencing with § 80.40.
(e)
Additional reporting requirements for small refiners.
(1) In addition to the requirements of
section 2270, each small refiner who
qualifies for treatment under this section shall submit to the executive
officer reports containing the information set forth below for each of the
small refiner's California refineries, starting on the date on which a
qualifying small refiner supplies from its refinery gasoline subject to the
small refiner CaRFG Phase 3 standards. The reports shall be executed in
California under penalty of perjury, and must be received within the time
indicated below. December 31, 2003 through January 31, 2004 shall be treated as
a month.
(A) The quantity of all gasoline,
produced by the small refiner, that is supplied from the small refinery in each
month, within 15 days after the end of the month, the quantity of all such
gasoline that is California gasoline subject to the small refiner CaRFG3
standards, and the quantity of all such gasoline that is California gasoline
not subject to the small refiner CaRFG3 standards;
(B) The identity and volume of each oxygenate
contained in the gasoline described in section (e)(1)(A) above, within 15 days
after the end of the month;
(C) For
each calendar quarter, a statement whether 25 percent or more of the gasoline
that was produced by the small refinery and that was supplied from the refinery
in the calendar quarter was refined at the small refinery from crude oil,
within 15 days after the close of such quarter;
(D) The date, if any, on which the small
refiner completes transfer from its small refinery in the period December 31,
2003 through December 31, 2004, and in each subsequent calendar year, of the
small refiner's qualifying volume of gasoline produced by the small refiner,
calculated as described in section (c)(3), within 5 days after such
date;
(E) Within 10 days after
project completion, any refinery addition or modification which would affect
the qualification of the refiner as a small refiner pursuant to the definition
in section
2260(a)(22);
and
(F) Any change of ownership of
the small refiner or the small refiner's refinery, within 10 days after such
change of ownership.
1. New
section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2.
Amendment of subsections (c)(2)-(3) filed 2-28-96; operative 2-28-96 pursuant
to Government Code section
11343.4(d)
(Register 96, No. 9).
3. Amendment of section heading, section and
NOTE filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
4.
Amendment of subsection (c)(5) filed 8-20-2001; operative 8-20-2001 pursuant to
Government Code section
11343.4
(Register 2001, No. 34).
5. Amendment filed 12-24-2002; operative
12-24-2002 pursuant to Goverment Code section 11343.4 (Register 2002, No.
52).
6. Amendment of subsection (e)(1)(B) filed 5-1-2003; operative
5-1-2003 pursuant to Government Code section
11343.4
(Register 2003, No. 18).
Note: Authority cited: Sections
39600,
39601,
43013,
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,
40000,
41511,
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).
