Senate BillNo. 336


Introduced by Senator Huff

February 19, 2013


An act to amend Section 43830 of the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL’S DIGEST

SB 336, as introduced, Huff. Air pollution: gasoline blends.

Existing law requires the State Air Resources Board to establish, by regulation, maximum standards for the volatility of gasoline sold in California at or below 9 pounds per square inch Reid vapor pressure, as determined by specified testing, except that a blend of gasoline consisting of at least 10% ethyl alcohol, as defined, is exempt, until October 1, 1993, from meeting the volatility standard if the gasoline used in the blend meets the volatility standard for gasoline.

This bill would make a technical, nonsubstantive change to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 43830 of the Health and Safety Code is
2amended to read:

3

43830.  

(a)  The state board shall establish, by regulation,
4maximum standards for the volatility of gasoline at or below nine
5pounds per square inch Reid vapor pressure as determined by the
6American Society for Testing and Materials, Test D 323-58, or by
7an appropriate test determined by the state board, for gasoline sold
8in this state.

P2    1(b)  The state board, in adopting the regulations, shall give full
2consideration to topography and climatic conditions and may
3provide that the standards imposed thereby shall apply in those
4areas which the state board determines necessary in order to carry
5out the purposes of this division.

6(c)  Notwithstanding anybegin delete otherend delete law or regulation, until October
71, 1993, any blend of gasoline of at least 10 percent ethyl alcohol
8shall not result in a violation of any regulation adopted by the state
9board pursuant to this section unless the volatility of the gasoline
10used in the blend exceeds the applicable standard of the state board.

11(d)  For the purposes of this section, “ethyl alcohol” (also known
12as ethanol) means fuel that meets all of the following requirements:

13(1)  It is produced from agricultural commodities, renewable
14resources, or coal.

15(2)  It is rendered unsuitable for human consumption at the time
16of its manufacture or immediately thereafter.

17(e)  For the purposes of determining the percentage of ethyl
18alcohol contained in gasoline, the volume of alcohol includes the
19volume of any denaturant approved for that purpose by the United
20States Bureau of Alcohol, Tobacco and Firearms, provided these
21denaturants do not exceed 5 percent of the volume of alcohol
22(including denaturants).

23(f)  From October 1, 1993, to December 31, 1995, inclusive,
24any blend of gasoline of at least 10 percent ethyl alcohol shall not
25result in a violation of the Reid vapor pressure standard adopted
26by the state board pursuant to this section unless it is determined
27by the state board on the basis of independently verifiable
28automobile exhaust and evaporative emission tests performed on
29a representative fleet of automobiles that the blend would result
30in a net increase in the ozone forming potential of the total
31emissions, excluding emissions of oxides of nitrogen, when
32compared to the total emissions, excluding emissions of oxides of
33nitrogen, from the same automobile fleet using gasoline that meets
34all applicable specifications for Phase I gasoline established by
35the state board.

36(g)  On and after January 1, 1996, any blend of gasoline of at
37least 10 percent ethyl alcohol shall not result in a violation of the
38Reid vapor pressure standard adopted by the state board pursuant
39to this section unless it is determined by the state board on the
40basis of independently verifiable automobile exhaust and
P3    1evaporative emission tests performed on a representative fleet of
2automobiles that the blend would result in a net increase in the
3ozone forming potential of the total emissions, excluding emissions
4of oxides of nitrogen, when compared to the total emissions,
5excluding emissions of oxides of nitrogen, from the same
6automobile fleet using gasoline that meets all applicable
7specifications for Phase II gasoline established by the state board.

8(h)  Notwithstanding subdivisions (f) and (g), at any time that
9the state board adopts, by regulation, standards specifying
10acceptable levels for emissions of oxides of nitrogen for all
11reformulated fuels, any blend of gasoline of at least 10 percent
12ethyl alcohol that exceeds those levels no longer qualifies for an
13exemption from the Reid vapor pressure standard established by
14the state board.



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