Cal. Code Regs. tit. 13 § 2262.3

Current through Register 2024 Notice Reg. No. 23, June 7, 2024

Section 2262.3 - Compliance with the CaRFG Phase 2 and CaRFG Phase 3 Standards for Sulfur, Benzene, Aromatic Hydrocarbons, Olefins, T50 and T90

(a)Compliance with cap limits. No person shall sell, offer for sale, supply, offer for supply, or transport California gasoline which exceeds an applicable cap limit for sulfur, benzene, aromatic hydrocarbons, olefins, T50 or T90 set forth in section 2262.

(b)Compliance by producers and importers with the flat limits. No producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which exceeds an applicable flat limit for the properties of sulfur, benzene, aromatic hydrocarbons, olefins, T50, or T90 set forth in section 2262, unless the gasoline (1) is subject to the averaging compliance option for the property in accordance with section 2264.2(a), (2) has been reported as a PM alternative gasoline formulation pursuant to section 2265(a), (3) has been reported as a test-certified alternative gasoline formulation pursuant to section 2266(c), (4) has been reported as a PM emissions offsetting formulation pursuant to section 2265.1 (applicable only to producers and importers that produce gasoline), or (5) is subject to an alternative emission reduction plan pursuant to section 2265.5 (applicable only to producers and importers that produce gasoline). Notwithstanding section 2265.5(a), a producer or an importer that produces gasoline and that has elected to be subject to the flat limits specified in section 2262 shall offset its emissions associated with permeation by complying with sections 2265.5(b)-(i). 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)Optional compliance by producers and importers with the averaging limits. No producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which is subject to the averaging compliance option for the properties of sulfur, benzene, aromatic hydrocarbons, olefins, T50 or T90 in accordance with section 2264.2(a) if any of the following occurs. Notwithstanding section 2265.5(a), a producer or an importer that produces gasoline and that has elected to be subject to an averaging limit specified in section 2262 shall offset its emissions associated with permeation by complying with sections 2265.5(b)-(i). 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.

(1) The gasoline exceeds the applicable averaging limit for the property set forth in section 2262 and no designated alternative limit for the property has been established for the gasoline in accordance with the requirements of section 2264(a); or

(2) A designated alternative limit for the property has been established for the gasoline in accordance with the requirements of section 2264(a), and the gasoline exceeds the designated alternative limit for that property; or

(3) Where the designated alternative limit exceeds the averaging limit for the property, the exceedance is not fully offset in accordance with section 2264(c).

(d)Optional compliance by producers or importers that produce gasoline with the PM emissions offsetting compliance option. No producer or importer that produces gasoline shall sell, offer for sale, supply, or offer for supply from its production facility or import facility a final blend of California gasoline as a PM emissions offsetting formulation subject to the designated emissions offsetting limits if any of the following occurs:

(1) The gasoline exceeds any of the designated emissions offsetting limits for sulfur, benzene, aromatic hydrocarbons, olefins, oxygen, T50, or T90 for the final blend; or

(2) The gasoline exceeds the designated emissions offsetting limit for the final blend for RVP during any of the regulatory control periods in section 2262.4(b)(2).

(3) The excess emissions of oxides of nitrogen, total ozone forming potential, or the potency-weighted toxics associated with excess sulfur in a final blend of gasoline is not fully and timely offset in accordance with section 2265.1(c).

(4) The gasoline required to be offset and the offsetting gasoline are sold, offered, or supplied in different regions where the gasoline is normally offered for sale.

Cal. Code Regs. Tit. 13, § 2262.3

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 and new section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
5. Amendment of section heading and subsection (b) filed 8-20-2001; operative 8-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).
6. Amendment of subsections (b) and (c) and new subsections (d)-(d)(4) 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 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).