CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
AIR RESOURCES BOARD

Air Resources Board
Board Hearing Room, Lower level
2020 "L" Street
Sacramento, CA

September 9, 1993
9:30 a.m.

AGENDA

Page

93-11-1 Public Hearing to Consider Proposed Amendments 001
to Regulations Regarding the Oxygen Content of
Gasoline, and Regarding Exemptions from Motor
Vehicle Fuels Requirements for Fuels Used in
Test Programs.

93-11-2 Public Meeting to Consider Research Proposals. 063

ITEM NO.: 93-11-1

Public Hearing to Consider Proposed Amendments to Regulations
Regarding the Oxygen Content of Gasoline, and Regarding
Exemptions from Motor Vehicle Fuels Requirement for Fuels Used in
Test Programs.

RECOMMENDATION

Amend Title 13, California Code of Regulations, sections 2251.5,
2258, 2263 and 2267. Adopt Title 13, California Code of
Regulations, sections 2259, 2283, and 2293.5. Repeal Title 13,
California Code of Regulations, section 2298.

DISCUSSION

Regulatory actions regarding the oxygen content of gasoline.
Following a public hearing on December 12, 1991, the Board
adopted regulations requiring that motor vehicle gasoline be
oxygenated during specified periods in the wintertime, starting
November, 1992. The wintertime oxygenates regulations specify a
minimum oxygen content of 1.8 percent by weight and a maximum of
2.2 percent by weight. The wintertime oxygenates regulations
sunset February 29, 1996, after which the year-round oxygen
content requirements in the ARB's Phase 2 reformulated gasoline
regulations go into effect.

During implementation of the new oxygenates requirements this
past winter, the staff became aware of several concerns regarding
implementation of the regulations. To collect additional
information regarding these concerns, the ARB staff conducted a
public workshop on April 15, 1993, to solicit comments from
affected industries and the public. In response to comments
received in connection with the workshop, the staff are proposing
various amendments to enhance the effectiveness of the
regulations and to make their implementation more practical.
These include an amendment to the control period for San Luis
Obispo County, a limited exemption for small retailers, and
provisions to provide additional flexibility to persons who
choose to use ethanol to comply with the oxygen content
requirements. In addition, proposed amendments updating the test
method designated for determining the oxygen content of gasoline
result from a petition submitted by the Western States Petroleum
Association (WSPA) requesting this action.

Regulatory actions pertaining to an exemption for motor vehicle
fuels used in test programs. The Board's regulation on the RVP
of gasoline sold before 1996 contains a provision authorizing the
Executive officer exempt up to 5000 gallons of gasoline used in
certain research programs. The Phase 2 reformulated gasoline
regulations contain a similar provision. However, other
regulations, including the oxygenates regulations, do not contain
such provisions.

The staff is proposing deletion of these two provisions and
adoption of a new regulation which would establish mechanism for
persons to obtain an exemption from any of the ARB's motor
vehicle fuel standards for fuel used for research or emissions
certification. The regulation is closely patterned after a
regulation recently adopted by the U.S. Environmental Protection
Agency (EPA) which provides for test program exemptions from
EPA's RVP regulation. (40 C.F.R. sec. 80.27(e); 58 F.R. 14476,
14484 (March 17, 1993).

SUMMARY AND IMPACTS

The staff have determined that adopting the proposed amendments
to Title 13 of the California Code of Regulations sections
2251.5, 2258, 2263, 2267; repealing section 2298; and adopting
sections 2259, 2283, and 2293.5 would not result in significant
adverse environmental impacts. The proposed amendments would
enhance the implementation of the regulations, provide additional
flexibility to the affected parties, lessen the economic impact,
and would not compromise the air quality benefits of the
regulations. Adopting new sections 2259, 2283, and 2293.5 would
provide additional flexibility to the regulated parties, increase
consistency among ARB's fuel regulations, and provide greater
consistency between state and federal regulations.