Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) MTBE labeling
requirement. All devices dispensing gasoline containing methyl tertiary butyl
ether (MTBE) at filling stations, garages or other outlets where petroleum
products are sold or offered for retail shall be marked with a conspicuous
label at all times the product is offered for retail sale.
(1) The label shall state that the gasoline
being dispensed "Contains MTBE. The State of California has determined that the
use of this chemical presents a significant risk to the environment."
(2) The label shall be contrasting in color
to the gasoline dispensing equipment and have capitalized lettering using not
less than one-eighth inch high letters, except that "MTBE" shall have lettering
using not less than five-eighth inch high letters with a stroke of not less
than one-eighth in width and "Contains" shall have lettering using not less
than one-quarter inch high letters.
(3) The label shall be placed on the gasoline
dispensing equipment's vertical surface, on each side with gallonage and price
meters.
(4) The label shall be
conspicuous and legible to a customer when viewed from the driver's position
inside the car.
(5) The label shall
be capable of withstanding extremes of weather conditions for at least one year
and shall be resistant to gasoline, oil, grease, solvents, detergents, and
water. Damaged labels that are not legible shall be
replaced.
(b) Residual
levels of MTBE.
(1) The labeling requirements
in section
2273(a) do not
apply to equipment dispensing gasoline from a storage tank containing gasoline
having an MTBE content of less than 0.6 percent by volume, as determined by
American Society of Testing and Materials (ASTM) Test Method D 4815-04, which
is incorporated herein by reference, or any other test method determined by the
executive officer to give equivalent results.
(2) The labeling requirements in section
2273(a) do not
apply where the equipment is dispensing gasoline from a storage tank containing
gasoline having an MTBE content of less than 3.0 percent by volume, as
determined by a test method identified in section
2273(b)(1), and
the operator of the retail outlet demonstrates that the conditions in either
section 2273(b)(2)(A), (B), (C) or
(D) have occurred.
(A) The gasoline storage tank has been
consecutively drained and refilled to at least 95 percent of capacity with
gasoline containing less than 0.6 volume percent MTBE as specified in the
following table.
|
The percent of the total gasoline
storage tank capacity that is emptied prior to
refilling |
The consecutive number of times the
gasoline storage tank must be drained and refilled |
|
90% |
2 |
|
80% |
3 |
|
70% |
3 |
|
60% |
4 |
|
50% |
6 |
|
40% |
8 |
|
30% |
11 |
|
20% |
19 |
|
10% |
60 |
(B) The gasoline storage tank has been
consecutively drained and refilled to at least 95 percent of capacity with
gasoline containing less than 0.6 volume percent MTBE according to the
following equation.
N=-(0.222) + log CO)/log
(VL/VT)
Where:
N=The number of times the gasoline storage tank must be
drained and refilled. If the resultant number is not an integer, it shall be
rounded up to the nearest integer.
CO=The initial concentration, in
volume percent, of MTBE in the gasoline storage tank.
VL=The volume of gasoline (in
gallons) left in the gasoline storage tank after each draining.
VT=95% of the capacity (in
gallons) of the gasoline storage tank.
(C) The following equation has been applied
to consecutive drainings and fillings of the gasoline in the storage tank, and
the equation shows an MTBE content of less than 0.6 percent by volume. The
initial MTBE concentration (CO) of the gasoline in the
storage tank when the equation is first applied shall be deemed to be 15 volume
percent unless the MTBE content is determined in accordance with a testing
methodology identified in section
2273(b)(1). For
purposes of the equation, [i] the MTBE concentration of gasoline containing
less than 0.6 volume percent MTBE shall be deemed to be zero, and [ii] the MTBE
concentration of gasoline delivered with an invoice or other documentation
stating that the gasoline contains MTBE shall be deemed to be 15 volume percent
or, if the concentration of MTBE is stated on the documentation, that stated
concentration. The executive officer shall make available upon request a
computer program that may be used in applying the equation.
C=CO(VL/(VL+VD))
+
CD(VD/(VL+VD))
Where:
C=The final concentration, in volume percent, of MTBE in
the gasoline storage tank after the fuel delivery.
CO=The initial concentration, in
volume percent, of MTBE in the gasoline storage tank before the fuel
delivery.
CD=The concentration, in volume
percent, of MTBE in the fuel being delivered to the gasoline storage
tank.
VL=The volume of gasoline (in
gallons) left in the gasoline storage tank prior to fuel delivery.
VD=The volume of gasoline (in
gallons) delivered to the gasoline storage tank.
(D) The gasoline has been consecutively
drained and refilled in accordance with an alternative protocol which the
executive officer has previously found in writing provides assurances of MTBE
removal equivalent to the conditions in section
2273(b)(2)(A), (B), and
(C).
(c) Responsibility for compliance. The
operator of the retail gasoline outlet shall be responsible for compliance with
the labeling requirements in section
2273(a).
(d) Deliveries of gasoline to retail outlets.
(1) Any person delivering gasoline to a
retail gasoline outlet from December 16, 1999 through December 30, 2003 shall
provide to the outlet operator or responsible employee, at the time of delivery
of the fuel, an invoice, bill of lading, shipping paper, or other documentation
which states whether the gasoline does or does not contain 0.6 percent by
volume or more MTBE, and which may identify the volumetric amount of MTBE in
the gasoline. For purposes of determining compliance with this section
2273(d), the
volumetric MTBE content of gasoline shall be determined by ASTM Test Method D
4815-04, which is incorporated herein by reference, or any other test method
determined by the executive officer to give equivalent results.
(2) No person shall deliver gasoline
containing 0.6 percent by volume or more MTBE to a storage tank at a retail
gasoline outlet unless at the time of the delivery either:
(A) All pumps dispensing gasoline from the
storage tank are labeled as containing MTBE, or
(B) The party delivering the gasoline, or on
whose behalf the delivery is being made, can demonstrate that it has received
and is maintaining a nonsuperceded written notification from the operator of
the retail gasoline outlet that all of the outlet's gasoline dispensing
equipment, or all of the outlet's dispensing equipment dispensing gasoline of
the grade being delivered, is labeled as containing
MTBE.
1. New
section filed 11-16-99; operative 12-16-99 (Register 99, No. 47).
2.
Amendment of subsections (b)(1) and (d)(1) filed 8-20-2001; operative 8-20-2001
pursuant to Government Code section 11343.4 (Register 2001, No.
34).
3. Amendment of subsections (a)(1) and (d)(1) filed 5-1-2003;
operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 2003,
No. 18).
4. Amendment of subsections (b)(1) and (d)(1) 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,
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, 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).
