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s 2207. Observation of Laboratory Tests.
The submitter may observe laboratory tests of his/her device or additive.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code.
s 2220. Applicability.
This article shall apply to all aftermarket parts which are sold, offered for sale, or advertised for sale for use on motor vehicles which are subject to California or federal emissions standards. To the extent applicable, the results of any tests conducted pursuant to Article 1 may be used in total or partial fulfillment of the requirements of this article.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; and Sections 27156, 38390 and 38391, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code.
s 2221. Replacement Parts.
(a) Any replacement part subject to the provisions of this article shall be presumed to be in compliance with this article unless the executive officer makes a finding to the contrary pursuant to Section 2224(a).
(b) The manufacturer of any replacement part subject to the provisions of this article shall maintain sufficient records, such as performance specifications, test data, or other information, to substantiate that such a replacement part is in compliance with this article. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the year of manufacture of the replacement part.
Note: Authority cited: Sections 39000, 39002, 39003, 39500, 39600, 39601 and 43150, Health and Safety Code. Reference: Sections 27156, 38391 and 38395, Vehicle Code; and Sections 43000 and 43644, Health and Safety Code.
s 2222. Add-on Parts and Modified Parts.
(a) As used in this section, the terms "advertise" and "advertisement" include, but are not limited to, any notice, announcement, information, publication, catalog, listing for sale, or other statement concerning a product or service communicated to the public for the purpose of furthering the sale of the product or service.
(b)(1) Except for publishers as provided in subsection 3, no person or company doing business solely in California or advertising only in California shall advertise any device, apparatus, or mechanism which alters or modifies the original design or performance of any required motor vehicle pollution control device or system unless such part, apparatus, or mechanism has been exempted from Vehicle Code section 27156, and the limitations of the exemption, if any, are contained within the advertisement in type size to give reasonable notice of such limitations.
(2) Except for publishers as provided in subsection 3, no person or company doing business in interstate commerce shall advertise in California any device, apparatus, or mechanism which alters or modifies the original design or performance of any required motor vehicle pollution control device or system and not exempted from Vehicle Code section 27156 unless each advertisement contains a legally adequate disclaimer in type size adequate to give reasonable notice of any limitation on the sale or use of the device, apparatus, or mechanism.
(3) No publisher, after receipt of notice from the state board or after otherwise being placed on notice that the advertised part is subject to and has not been exempted from the provisions of Vehicle Code section 27156, shall make or disseminate or cause to be made or disseminated before the public in this state any advertisement for add-on or modified parts subject to the provisions of this article, which have not been exempted from Vehicle Code section 27156, unless such advertisement clearly and accurately states the legal conditions, if any, on sale and use of the parts in California.
(4) The staff of the state board shall provide, upon request, model language which satisfies these requirements.
(c) No person shall advertise, offer for sale, or install a part as a motor vehicle pollution control device or as an approved or certified device, when in fact such part is not a motor vehicle pollution control device or is not approved or certified by the state board.
(d) No person shall advertise, offer for sale, sell, or install an add-on or modified part as a replacement part.
(e) The executive officer may exempt add-on and modified parts based on an evaluation conducted in accordance with the "Procedures for Exemption of Add-on and Modified Parts," adopted by the state board on November 4, 1977, as amended June 1, 1990.
(f) Each person engaged in the business of retail sale or installation of an add-on or modified part which has not been exempted from Vehicle Code section 27156 shall maintain records of such activity which indicate date of sale, purchaser name and address, vehicle model and work performed if applicable. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the date of sale or installation.
(g) A violation of any of the prohibitions set forth in this section shall be grounds for the executive officer to invoke the provisions of section 2225.
(h)(1) The Executive Officer shall exempt new aftermarket non-original equipment catalytic converters from the prohibitions of California Vehicle Code sections 27156 and 38391 based on an evaluation conducted in accordance with the "California Evaluation Procedures for New Aftermarket Non-Original Equipment Catalytic Converters" as adopted by the state board on August 19, 1988.
(2) No person shall install, sell, offer for sale or advertise, any new non-original equipment aftermarket catalytic converter in California after 180 days from the date of filing of this subsection with the Secretary of State unless they have been exempted pursuant to the procedures as provided in this subsection.
(3) For the purposes of this regulation, a new aftermarket non-original equipment catalytic converter is a catalytic converter which is constructed of all new materials and is not a replacement part as defined in Title 13, California Code of Regulations, section 1900, or which includes any new material or construction which is not equivalent to the materials or construction of the original equipment converter.
(i)(1) Except as provided in Subsection (i)(2) below, no person shall install, sell, offer for sale or advertise, any used catalytic converter in California unless the catalytic converter has been exempted pursuant to the "Criteria for Evaluation of Add-On Parts and Modified Parts," adopted by the state board on November 4, 1977, as amended May 19, 1981.
(2) The Executive Officer shall exempt used original equipment oxidation catalytic converters which comply with the U.S. Environmental Protection Agency interim enforcement policy for used converters (published at 51 Federal Register (FR) 28114 (August 5, 1986) and 51 FR 28132 (August 5, 1986)) from the prohibitions of California Vehicle Code sections 27156 and 38391 for the vehicle applications indicated by the federal label and installation instructions.
(3) No person shall install, sell, offer for sale or advertise, any recycled or salvaged used catalytic converter in California more than 30 days after the date of filing of this subsection with the Secretary of State unless they have been exempted from the prohibitions of California Vehicle Code sections 27156 and 38391 pursuant to the procedures provided in this subsection.
(4) For the purposes of this regulation, a "used catalytic converter" is a catalytic converter which is not a new aftermarket non-original equipment catalytic converter as defined in Subsection (h)(3), or a replacement part as defined in section 1900; and "oxidation catalytic converter" is a catalytic converter designed for the control of only hydrocarbon and carbon monoxide emissions.
Note: Authority cited: Sections 39600, 39601, 43000 and 43011, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43011 and 43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code.
s 2223. Specific Criteria.
Note: Authority cited: Section 39601, Health and Safety Code; and Section 27156, Vehicle Code. Reference: Sections 39002, 39003, 39500, and 43000, Health and Safety Code.
s 2224. Surveillance.
(a) Replacement parts. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit any records relating to such part which are maintained pursuant to section 2221(b) above. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer's production for testing and evaluation. If, after a review of all records submitted by the manufacturer and of the results of any tests conducted by the state board's staff, the executive officer finds that such part is not in fact a replacement part, the executive officer may invoke section 2225. Replacement parts evaluated pursuant to this section shall be compared with the specifications contained in the applicable vehicle manufacturer's application for certification.
(b) Add-on parts and modified parts. The executive officer may order, for cause, the manufacturer of any add-on part or modified part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer's production for testing and evaluation. In-use performance will also be evaluated. This will include Inspection and Maintenance requirements and compliance with onboard diagnostic system regulations. If, after a review of the results of any tests or evaluations conducted by the state board's staff and of any information submitted by the manufacturer, the executive officer finds that an add-on part or a modified part does not conform to the "Procedures for Exemption of Add-on and Modified Parts," the executive officer may invoke section 2225.
Note: Authority cited: Sections 39600, 39601 and 43011, Health and Safety Code; and Section 27156, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code.
s 2225. Enforcement Action.
(a) When this section is invoked pursuant to other sections of this article, the executive officer may issue a cease and desist order and may require the person to submit a plan for correcting any deficiencies found by the state board. The executive officer may order any of the actions contained in the plan, and/or may declare a part to be not in compliance with Vehicle Code Section 27156 unless he/she finds the plan adequate to correct the deficiencies found by the state board. The plan may be required to include such corrective actions as the cessation of sale of non-complying parts, the recall of any non-complying parts already sold, and corrective advertising to correct misleading information regarding the emission control capabilities of the device and to ensure compliance with California's laws. The executive officer may also seek fines for violations of Vehicle Code Section 27156, or other laws or regulations, as applicable.
(b) When this section is invoked by the executive officer on either his/her own initiative or in response to complaints received, an investigation may be made by the executive officer or his/her representative to gather evidence regarding continuing violations of this article by any person engaged in the business of advertising, offering for sale, selling, or installing an add-on or modified part.
(c) Any person against whom enforcement action (other than the filing of an action in court) is initiated pursuant to this section may request a public hearing to review the enforcement action.
(d) Nothing in this article shall prohibit the executive officer from taking any other action provided for by law, including the prosecution of an action in court.
Note: Authority cited: Sections 39515, 39516, 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43600, 43641 and 43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code.
s 2230. Requirements.
No exhaust emission control device for controlling carbon monoxide from portable and from mobile internal combustion engines used in enclosed structures shall be certified by the Air Resources Board unless such devices operate within the standards for said pollutant set by the Occupational Safety and Health Standards Board pursuant to Section 6701 of the Labor Code, and meet the criteria set forth in this Chapter. The standards for carbon monoxide set by the Occupational Safety and Health Standards Board for such devices appear in Title 8, California Code of Regulations, Section 5146.
The test procedures for determining compliance with these standards are set forth in "Test Procedures for Portable and Mobile Internal Combustion Engines Used Inside Buildings" dated September 13, 1967.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 6702 and 6703, Labor Code. Reference: Sections 6701, 6702 and 6703, Labor Code.
s 2231. Other Criteria.
No device controlling exhaust emissions from portable and from mobile internal combustion engines used in enclosed structures shall be certified by the Air Resources Board unless it meets the following criteria:
(a) Such device shall operate so that, with engine maintenance which is characteristic of general usage by the users thereof, its emissions are within the limits established by the State Standards.
(b) Function or malfunction of the device shall not create a hazardous condition.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 6702 and 6703, Labor Code. Reference: Sections 6701, 6702 and 6703, Labor Code.
s 2235. Requirements.
New 1977 and subsequent model-year gasoline-fueled motor vehicles and 1993 and subsequent model-year methanol-fueled passenger cars, light-duty trucks, medium-duty vehicles and heavy-duty vehicles shall not be sold, offered for sale or registered in California unless such vehicles comply with the Air Resources Board's "Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks," dated March 19, 1976 as last amended January 22, 1990 or, in the case of motorcycles, are exempted pursuant to Chapter 1, Article 2, Section 1976(b).
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43107 and 43835, Health and Safety Code. Reference: Sections 39003, 43000, 43013, 43018, 43101, 43104, 43106, 43204 and 43835, Health and Safety Code; and Sections 28111 and 28112, Vehicle Code.
s 2250. Degree of Unsaturation for Gasolines Sold Before April 1, 1996.
(a) No person shall sell or supply within the South Coast Basin (as defined on January 1, 1976) as a fuel for motor vehicles as defined by the Vehicle Code of the State of California, a gasoline having a degree of unsaturation greater than that indicated by a Bromine Number of 30 as determined according to the "Test Method for Determining Bromine Number of Gasoline," as adopted by the Air Resources Board on August 13, 1987 and incorporated herein by reference.
(b) For the purpose of this rule, the term "gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or any fuel sold to power a vehicle certified by the state board as a gasoline-powered vehicle without modifying the vehicle.
(c) This section shall not apply to gasoline sold or supplied on or after April 1, 1996, except for gasoline that is supplied from a small refiner's California refinery prior to March 1, 1998, and that qualifies for treatment under section 2272(a).
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43831, 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 39000-39003, 39010, 39500, 39515, 39516, 39606, 41511, 43000, 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).
s 2251. Reid Vapor Pressure for Gasoline.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830, 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, 39500, 39606, 43000, 43013, 43016, 43018, 43101 and 43830, 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).
s 2251.1. Waiver of Reid Vapor Pressure Standard for Gasoline Produced in California.
Note: Authority cited: Sections 39600, 39601, Health and Safety Code. Reference: Sections 41511, 43101, Health and Safety Code.
s 2251.2. Waiver of Reid Vapor Pressure Standard for Gasoline Imported into California.
Note: Authority cited: Sections 39600, 39601, Health and Safety Code. Reference: Sections 41511, 43101, Health and Safety Code.
s 2251.5. Reid Vapor Pressure of Gasoline Sold After January 1, 1992, and Before March 1, 1996.
(a) Regulatory Standards.
(1) Basic Regulatory Standard.
(A) Starting January 1, 1992, within each of the air basins during the regulatory period set forth in section (a)(1)(B), no person shall sell, offer for sale, dispense, supply, offer for supply, or transport California gasoline which has a Reid vapor pressure exceeding 7.80 pounds per square inch.
(B) Basic Regulatory Control Periods.
1. April 1 through October 31:
South Coast Air Basin and Ventura County
San Diego Air Basin
Southeast Desert Air Basin
2. May 1 through September 30:
Great Basin Valley Air Basin
3. 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
4. June 1 through September 30:
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
5. June 1 through October 31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura County)
(2) Additional Regulatory Standards for Gasoline Sold, Supplied or Transferred from a Production or Import Facility.
(A) Starting January 1, 1992, no producer or importer shall sell, offer for sale, supply, or offer to supply from its California production facility or California import facility in an air basin during the regulatory period specified in section (a)(2)(B), California gasoline which has a Reid vapor pressure exceeding 7.80 pounds per square inch. Starting January 1, 1992, no person shall transport directly from a California production facility or California import facility in an air basin during the regulatory period set forth in section (a)(2)(B), California gasoline which has a Reid vapor pressure exceeding 7.80 pounds per square inch.
(B) Additional Regulatory Control Periods.
1. March 1 through March 31:
South Coast Air Basin and Ventura County
San Diego Air Basin
Southeast Desert Air Basin
2. April 1 through April 30:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Great Basin Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
3. May 1 through May 31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura County)
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
(3) Special Provisions for Blends of Gasoline Containing Ethanol.
(A) Any blend of gasoline containing at least 10 percent ethanol by volume shall not result in a violation of this section (a) unless the gasoline used in the blend exceeds the standards set forth in this section (a).
(B) Section (a)(3)(A) shall be effective only so long as Health and Safety Code section 43830 establishes special provisions for the volatility of gasoline blends containing at least 10 percent ethanol by volume.
(C) Any sale, offer for sale, supply, or transport of gasoline containing at least 4.9 percent ethanol by volume, which occurs in October 1993, October 1994, or October 1995, shall not constitute a violation of section (a)(1) unless the gasoline has a Reid vapor pressure exceeding 8.80 pounds per square inch.
(D)1. Any sale, offer for sale, or supply of gasoline containing at least 4.9 percent ethanol by volume from a final distribution facility during the 15 days preceding a transition period shall not constitute a violation of section (a)(1) as long as:
a. The gasoline has a Reid vapor pressure not exceeding 8.80 pounds per square inch, and
b. The person selling or supplying the gasoline demonstrates to the satisfaction of the executive officer, prior to the sale or supply, that it is reasonably necessary to add ethanol to the gasoline to enable the calibration of metered ethanol blending equipment prior to the start of the regulatory control period.
2. Any transaction involving gasoline after it has been transferred from a final distribution facility shall not constitute a violation of section (a)(1) if the person engaged in the transaction demonstrates by affirmative defense that the sale, offer for sale or supply of the gasoline from the final distribution facility met the criteria set forth in section (a)(3)(D)(1).
3. For the purposes of this section (a)(3)(D), "final distribution facility," "transition period," and "regulatory control period" shall have the same meaning set forth in Title 13, California Code of Regulations, sections 2258(b) and 2258(a)(2).
(4)(A) Section (a)(1) shall not apply to a transaction occurring in an air basin during the basic regulatory control period 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 basic regulatory control period.
(B) Section (a)(2) shall not apply to a transaction occurring in an air basin during the additional 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 basic regulatory control period or the additional control period for producers and importers.
(C) Section (a)(1) shall not apply to a transaction occurring in an air basin during the basic 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 basic regulatory control period.
(5) For the purposes of section (a)(1), each sale of California gasoline at retail, and each dispensing of California gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gasoline in violation of section (a)(1).
(b) Definitions.
For the purposes of this section:
(1) "Bulk purchaser-consumer" means a person that purchases or otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks or motor vehicles owned or operated by the person.
(2) "California gasoline" means gasoline sold or intended for sale as a motor vehicle fuel in California.
(3) "California production facility" means a facility in California at which gasoline is produced; it does not include a facility whose sole operation is to transfer gasoline or to blend additives into gasoline.
(4) "Ethanol" means ethyl alcohol which meets any additional requirements for ethanol or ethyl alcohol in Health and Safety Code section 43830.
(5) "Gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or which is a mixture of more than 50 percent fuel commonly known or sold as gasoline and alcohol.
(6) "Importer" means any person who first accepts delivery in California of California gasoline.
(7) "Import facility" means the facility at which imported California gasoline is first received in California, including, in the case of California gasoline imported by cargo tank and delivered directly to a facility for dispensing gasoline into motor vehicles, the cargo tank in which the gasoline is imported.
(8) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code.
(9) "Produce" means to convert liquid compounds which are not gasoline into gasoline.
(10) "Producer" means any person who owns, leases, operates, controls or supervises a California production facility.
(11) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system.
(c) Sampling and Test Methods.
(1) Compliance with the standards set forth in section (a)(1) and (2) shall be determined by use of an applicable sampling methodology set forth in 13 CCR section 2296, and by use of either (A) the American Society for Testing and Materials Method ASTM D 328-58 (which is incorporated by reference herein), deleting paragraph 4(b) concerning sampling or (B) the test method set forth in Section 2297.
(2) For purposes of section (a)(3), the ethanol content of gasoline shall be determined by: (A) use of American Society of Testing and Materials Test Method D 4815-94 (which is incorporated by reference herein) to determine the mass percent of ethanol in the gasoline, and (B) conversion of the concentration of ethanol from percent by mass to percent by volume according to Section 14.3 of ASTM D 4815-94. The volume of ethanol shall include the volume of any denaturant approved for that purpose by the United States Bureau of Alcohol, Tobacco and Firearms, provided those denaturants do not exceed 5 percent of the volume of alcohol (including denaturants).
(d) Variances.
(1) Any person who cannot comply with the requirements set forth in section (a)(1) or (2) before January 1, 1994 because of reasons beyond the person's reasonable control may apply to the executive officer for a variance. The application shall set forth:
(A) the specific grounds upon which the variance is sought;
(B) the proposed date(s) by which compliance with the provisions of section (a)(1) or (2) will be achieved; and
(C) a plan reasonably detailing the method by which compliance will be achieved.
(2) Upon receipt of an application for a variance containing the information required in section (d)(1), the executive officer shall hold a hearing to determine whether, or under what conditions and to what extent, a variance from the requirements in section (a)(1) or (2) is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing.
(3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.
(4) No variance shall be granted unless all of the following findings are made:
(A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with section (a)(1) or (2) would result in an extraordinary economic hardship;
(B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and
(C) that the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
(5) No variance may be effective after December 31, 1993. Any variance order shall impose a substitute gasoline Reid vapor pressure limit as stringent as feasible under the circumstances, in no case to exceed 9.0 pounds per square inch. Any variance order shall specify a final compliance date by which the requirements in section (a)(1) or (2) will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code.
(6) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance.
(7) No variance which is issued due to conditions of breakdown, repair, or malfunction of equipment shall have a duration, including extensions, of more than six months.
(8) The executive officer may, after holding a hearing without complying with the provisions of sections (d)(2) and (d)(3), issue an emergency variance to a person from the requirements of sections (a)(1) upon a showing of reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. In connection with the issuance of an emergency variance, the executive officer may waive the requirements of section (d)(6). No emergency variance may extend for a period of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of section (a)(1) or (2) within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in section (d)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this section (d)(8), and shall provide advance telephone notice to any such person.
(9) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition.
(10) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of section (a)(1) or (2) after holding a hearing in accordance with the provisions of sections (d)(2) and (d)(3).
(e) Sunset
This section shall not apply to gasoline sold or supplied on or after March 1, 1996.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830, 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, 39500, 39515, 39516, 39606, 41511, 43000, 43016, 43018, 43101 and 43830, 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).
s 2252. Sulfur Content of Gasoline Represented as Unleaded Sold Before April 1, 1996.
(a) No person shall sell, offer for sale, or supply in California, as a fuel for motor vehicles, any gasoline represented as unleaded which has a sulfur content greater than 300 parts per million by weight.
(b) The maximum sulfur content limitations specified in subsection (a) shall be determined by ASTM Test Method 2622-87, or any other test method determined by the executive officer to give equivalent results.
(c) For the purpose of this section,
"Motor Vehicle" has the same meaning as defined in Section 415 of the Vehicle Code.
(d)(1) Any person who cannot comply with the requirements set forth in subsection (a) because of extraordinary reasons beyond the person's reasonable control may apply to the executive officer for a variance. The application shall set forth:
(A) the specific grounds upon which the variance is sought;
(B) the proposed date(s) by which compliance with the provisions of subsection (a) will be achieved; and
(C) a plan reasonably detailing the method by which compliance will be achieved.
(2) Upon receipt of an application for a variance containing the information required in subsection (d)(1), the executive officer shall hold a hearing to determine whether, and under what conditions and to what extent, a variance from the requirements established by subsection (a) is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing.
(3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.
(4) No variance shall be granted unless all of the following findings are made:
(A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with subsections (a) would result in an extraordinary economic hardship;
(B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance.
(C) that the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
(5) Any variance order shall specify final compliance date by which the requirements in subsection (a) will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions, including limitations on the sulfur content of unleaded gasoline or diesel fuel produced for use in motor vehicles, that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code.
(6) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance.
(7) No variance from the requirements set forth in subsection (a) based on a plan for compliance which includes the installation of major additional equipment shall have a duration of more than three years.
(8) No variance which is issued due to conditions of breakdown, repair, or malfunction of equipment shall have a duration, including extensions, of more than six months.
(9) The executive officer may, after holding a hearing without complying with the provisions of subsections (d)(2) and (3), issue an emergency variance to a person from the requirements of subsection (a) upon a showing or reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. In connection with the issuance of an emergency variance, the executive officer may waive the requirements of subsection (d)(6). No emergency variance may extend for a period of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of subsection (a) within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in subsection (d)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this paragraph (d)(9), and shall provide advance telephone notice to any such person.
(10) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition.
(11) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of subsection (a) after holding a hearing in accordance with the provisions of subsections (d)(2) and (3).
(e) This section shall not apply to gasoline sold or supplied after April 1, 1996, except for gasoline that is supplied from a small refiner's California refinery prior to March 1, 1998, and that qualifies for treatment under section 2272(a).
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, 39500, 39515, 39516, 39606, 41511, 43000, 43013, 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).
s 2253. Average Lead Content of Gasoline Manufactured Before July 1, 1983.
Note: Authority cited: Sections 39600, 39601, 43013 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 39000-39003, 39500, 39515, 39516, 41511, 43000, 43103 and 43011, 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).
s 2253.1. Exclusion of Gasoline Imported into California from Lead Requirements.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41511, 43013, and 43101, Health and Safety Code.
s 2253.2. Lead in Gasoline Sold Before January 1, 1992.
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil & Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000-39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil & Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr.249 (1975).
s 2253.4. Lead in Gasoline.
(a) Regulatory Standard.
(1) [Reserved]
(2) [Reserved]
(3) Starting January 1, 1994, no person shall sell, offer for sale, supply, or offer for supply any California gasoline:
(A) which is not represented as unleaded, or
(B) which has been produced with the use of any lead additive, or
(C) which contains more than 0.050 gram of lead per gallon or more than 0.005 gram of phosphorus per gallon, except as provided in subsection (d).
(4) Starting January 1, 1992, no person shall transfer a consumer gasoline additive containing lead into the fuel tank of a motor vehicle, other than an exempt off-road motor vehicle.
(5) Starting January 1, 1992, no person shall sell or offer for sale a consumer gasoline additive containing lead unless the additive container bears a conspicuous legend that use of the additive in passenger cars and other on-road vehicles is unlawful and can result in substantial penalties, and unless the marketing of the additive is directed exclusively towards use in exempt off-road motor vehicles and nonvehicular sources.
(b) Definitions.
For the purposes of this section:
(1) "California gasoline" means gasoline sold or intended for sale as a motor vehicle fuel in California.
(2) "Consumer gasoline additive" means any gasoline additive which is designed or marketed to be dispensed into the gasoline tank used to fuel a gasoline engine.
(3) "Exempt off-road vehicle" means any special construction equipment as defined in sections 565 and 570 of the Vehicle Code, and any implement of husbandry as defined in sections 36000 et seq. of the Vehicle Code.
(4) "Gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or which is a mixture of any fuel commonly known or sold as gasoline and alcohol.
(5) "Lead additive" means any substance containing lead or leadcompounds.
(6) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code.
(7) "Retail outlet" means any establishment at which gasoline is sold or offered for sale to the general public for use in motor vehicles other than exempt off-road vehicles.
(8) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system.
(c) Test Methods.
The lead content of gasoline shall be determined in accordance with American Society of Testing and Materials (ASTM) Method D3237-79, which is incorporated herein by reference. The phosphorous content of gasoline shall be determined in accordance with ASTM Method D3231-73, which is incorporated herein by reference.
(d) Exemptions.
Subsections (a)(1) and (3) shall not apply to California gasoline sold, offered from sale, supplied, or offered for supply by a person who demonstrates that:
(i) The gasoline is conspicuously identified as a fuel which may notlawfully be dispensed to motor vehicles other than exempt off-road vehicles; and
(ii) He or she has taken reasonable precautions to assure that the gasoline will not be sold or offered for sale at a retail outlet; and
(iii) Either the gasoline is being directly dispensed into the fuel tank of an exempt off-road vehicle, or the gasoline is the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that he or she will not sell, offer for sale, supply, or offer for supply the gasoline for use in motor vehicles other than exempt off-road vehicles.
Note: Authority cited: Sections 39600, 39601, 43013, 430181 and 43101, Health and Safety Code; and Western Oil & 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, 39500, 43000, 43013, 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).
s 2254. Manganese Additive Content.
(a) Except as provided in subparagraph (b), no person shall add manganese or any manganese compound, including the compound methylcyclopentadienyl manganese tricarbonyl (MMT), to gasoline represented as unleaded intended to be sold, offered for sale, or delivered for sale at retail in the State of California.
(b) The prohibitions set forth in subparagraph (a) shall not apply to any person who has applied for and received from the Executive Officer written approval to add manganese or any manganese compound, including MMT, to gasoline represented as unleaded for the purpose of conducting tests or research into the effect thereof on vehicle emissions, fuel economy, performance, or for other related research objectives.
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 39000-39003, 39500, 39515, 39516, 43000, 43013 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County APCD, 14 Cal3d. 411, 121 Cal. Rptr 249 (1975).
s 2255. Sulfur Content of Diesel Fuel.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101 of the 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, 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).
s 2256. Aromatic Hydrocarbon Content of Diesel Fuel.
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101 of the 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, 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).
s 2257. Required Additives in Gasoline.
(a) Regulatory Standard.
(1) On or after January 1, 1992, no person shall sell, offer for sale, supply, or offer for supply any California gasoline unless at the time of the transaction:
[i] the producer, importer, or distributor of the gasoline has been issued a currently effective certification for California gasoline pursuant to subsection (c), originally dated no earlier than July 1, 1996. Existing certifications dated between July 1, 1996 and July 16, 1999 that meet the standards described in subsection (c)(1)(A)(i) and (c)(1)(A)(ii) [including those which used test method ASTM D 5500-94] are exempted from subsection (c)(1)(A)(iii), and
[ii] the gasoline contains at least the minimum concentration of the additive or additives identified in the final application for certification.
(2) Subsection (a)(1) shall not apply to transactions where the person selling, supplying, or offering the gasoline demonstrates that:
[i] the gasoline has not yet been sold, offered, or supplied from the final distribution facility, and either
[ii] the person has taken reasonably prudent precautions to assure that he or she will bring the gasoline into satisfaction with the requirements of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility, or
[iii] at or before the time of the transaction the person has obtained a written statement from the purchaser, recipient, or offeree of the gasoline stating that he or she is a distributor who has been issued a currently effective certification pursuant to subsection (c), and will cause the gasoline to satisfy the requirements of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility.
(3) Subsection (a)(1)[ii] shall not apply to the sale, supply, or offer of gasoline from a final distribution facility where the person selling, supplying, or offering the gasoline demonstrates that the gasoline will be corrected to comply with section (a)(1)[ii] prior to the sale of gasoline from the retail outlet to be dispensed into motor vehicles. If such corrective action is taken, the producer, importer, or distributor of the gasoline must notify the Compliance Division of the Air Resources Board by telephone or in writing within 2 business days of the correction and must maintain records to document each occurrence in accordance with subsection (d).
(4) For the purposes of subsection (a)(1), each sale of gasoline at retail for use in a motor vehicle, and each supply of gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gasoline in violation of subsection (a)(1).
(b) Definitions.
For the purposes of this section:
(1) "Additive" means any substance or mixture of substances that is intentionally added to gasoline for the purpose of reducing or preventing fuel injection system or intake valve deposits, and that is not intentionally removed prior to the gasoline's sale or use.
(2) "Bulk purchaser-consumer" means a person who purchases or otherwise obtains gasoline in bulk and then dispensesit into the fuel tanks of motor vehicles owned or operated by the person. (continued)