43830-43835

HEALTH AND SAFETY CODE
SECTION 43830-43835




43830.  (a) The state board shall establish, by regulation, maximum
standards for the volatility of gasoline at or below nine pounds per
square inch Reid vapor pressure as determined by the American Society
for Testing and Materials, Test D 323-58, or by an appropriate test
determined by the state board, for gasoline sold in this state.
   (b) The state board, in adopting the regulations, shall give full
consideration to topography and climatic conditions and may provide
that the standards imposed thereby shall apply in those areas which
the state board determines necessary in order to carry out the
purposes of this division.
   (c) Notwithstanding any other law or regulation, until October 1,
1993, any blend of gasoline of at least 10 percent ethyl alcohol
shall not result in a violation of any regulation adopted by the
state board pursuant to this section unless the volatility of the
gasoline used in the blend exceeds the applicable standard of the
state board.
   (d) For the purposes of this section, "ethyl alcohol" (also known
as ethanol) means fuel that meets all of the following requirements:
   (1) It is produced from agricultural commodities, renewable
resources, or coal.
   (2) It is rendered unsuitable for human consumption at the time of
its manufacture or immediately thereafter.
   (e) For the purposes of determining the percentage of ethyl
alcohol contained in gasoline, the volume of alcohol includes the
volume of any denaturant approved for that purpose by the United
States Bureau of Alcohol, Tobacco and Firearms, provided these
denaturants do not exceed 5 percent of the volume of alcohol
(including denaturants).
   (f) From October 1, 1993, to December 31, 1995, inclusive, any
blend of gasoline of at least 10 percent ethyl alcohol shall not
result in a violation of the Reid vapor pressure standard adopted by
the state board pursuant to this section unless it is determined by
the state board on the basis of independently verifiable automobile
exhaust and evaporative emission tests performed on a representative
fleet of automobiles that the blend would result in a net increase in
the ozone forming potential of the total emissions, excluding
emissions of oxides of nitrogen, when compared to the total
emissions, excluding emissions of oxides of nitrogen, from the same
automobile fleet using gasoline that meets all applicable
specifications for Phase I gasoline established by the state board.
   (g) On and after January 1, 1996, any blend of gasoline of at
least 10 percent ethyl alcohol shall not result in a violation of the
Reid vapor pressure standard adopted by the state board pursuant to
this section unless it is determined by the state board on the basis
of independently verifiable automobile exhaust and evaporative
emission tests performed on a representative fleet of automobiles
that the blend would result in a net increase in the ozone forming
potential of the total emissions, excluding emissions of oxides of
nitrogen, when compared to the total emissions, excluding emissions
of oxides of nitrogen, from the same automobile fleet using gasoline
that meets all applicable specifications for Phase II gasoline
established by the state board.
   (h) Notwithstanding subdivisions (f) and (g), at any time that the
state board adopts, by regulation, standards specifying acceptable
levels for emissions of oxides of nitrogen for all reformulated
fuels, any blend of gasoline of at least 10 percent ethyl alcohol
that exceeds those levels no longer qualifies for an exemption from
the Reid vapor pressure standard established by the state board.




43830.8.  (a) The state board may not adopt any regulation that
establishes a specification for motor vehicle fuel unless that
regulation, and a multimedia evaluation conducted by affected
agencies and coordinated by the state board, are reviewed by the
California Environmental Policy Council established pursuant to
subdivision (b) of Section 71017 of the Public Resources Code.
   (b) As used in this section, "multimedia evaluation" means the
identification and evaluation of any significant adverse impact on
public health or the environment, including air, water, or soil, that
may result from the production, use, or disposal of the motor
vehicle fuel that may be used to meet the state board's motor vehicle
fuel specifications.
   (c) The multimedia evaluation shall be based on the best available
scientific data, written comments submitted by any interested
person, and information collected by the state board in preparation
for rulemaking. At a minimum, the evaluation shall address impacts
associated with all the following:
   (1) Emissions of air pollutants, including ozone forming
compounds, particulate matter, toxic air contaminants, and greenhouse
gases.
   (2) Contamination of surface water, groundwater, and soil.
   (3) Disposal or use of the byproducts and waste materials from the
production of the fuel.
   (d) The state board shall prepare a written summary of the
multimedia evaluation and submit it for peer review in accordance
with Section 57004. The state board shall maintain for public
inspection, a record of any relevant materials submitted from any
state agency and any written public comments received during the
multimedia evaluation. The state board shall submit its written
summary and the results of the peer review to the California
Environmental Policy Council prior to the adoption of the proposed
regulation.
   (e) The council shall complete its review of the multimedia
evaluation within 90 calendar days following notice from the state
board that it intends to adopt the regulation. If the council
determines that the proposed regulation will cause a significant
adverse impact on the public health or the environment, or that
alternatives exist that would be less adverse, the council shall
recommend alternative measures that the state board or other state
agencies may take to reduce the adverse impact on public health or
the environment. The council shall make all information relating to
its review available to the public.
   (f) Within 60 days of receiving notification from the council of a
determination of adverse impact, the state board shall adopt
revisions to the proposed regulation to avoid or reduce the adverse
impact, or the affected agencies shall take appropriate action that
will, to the extent feasible, mitigate the adverse impact so that, on
balance, there is no adverse impact on public health or the
environment.
   (g) In coordinating a multimedia evaluation pursuant to
subdivision (a), the state board shall consult with other boards and
departments within the California Environmental Protection Agency,
the State Department of Health Services, the State Energy Resources
Conservation and Development Commission, the Department of Forestry
and Fire Protection, the Department of Food and Agriculture, and
other state agencies with responsibility for, or expertise regarding,
impacts that could result from the production, use, or disposal of
the motor vehicle fuel that may be used to meet the specification.
   (h) Notwithstanding subdivisions (a) through (g), inclusive, the
state board may, prior to July 1, 2000, adopt a regulation that was
formally proposed prior to January 1, 2000, to revise existing
specifications for motor vehicle fuel, if the council reviews the
environmental assessment of the proposed revision and determines that
there will be no significant adverse impact on public health or the
environment, including any impact on air, water, or soil, that is
likely to result from the change in motor vehicle fuel that is
expected to be implemented to meet the state board's revised motor
vehicle fuel specifications. Such a determination by the council
shall be deemed final and conclusive.
   (i) Notwithstanding subdivision (a), the state board may adopt a
regulation that establishes a specification for motor vehicle fuel
without the proposed regulation being subject to a multimedia
evaluation if the council, following an initial evaluation of the
proposed regulation, conclusively determines that the regulation will
not have any significant adverse impact on public health or the
environment.



43831.  The state board shall establish, by regulation, maximum
standards for the degree of unsaturation at a bromine number 30 as
established by the American Society for Testing and Materials test D
1159-66, or by an appropriate test determined by the state board, for
gasoline sold in the South Coast Air Basin designated by the state
board.
   The state board, in adopting such regulations, shall give full
consideration to climatic conditions and may provide that the maximum
standards imposed thereby shall be applicable only during those
periods of time which the state board determines necessary in order
to carry out the purposes of this division.



43832.  The state board may request, from any person who advertises,
or causes to be advertised, in any manner or claim that a fuel or
fuel additive reduces motor vehicle exhaust emissions, a report
detailing the data which supports the advertiser's claims of emission
reduction by that fuel or fuel additive.
   The state board may conduct, and may request the Department of
Consumer Affairs to assist the state board in, such further
investigation as may appear warranted under the circumstances.
   If the state board, or the state board and the Department of
Consumer Affairs if the latter has assisted in the investigation,
determines that the fuel or fuel additive is not substantially as
effective as it is claimed to be in the advertisement for it, the
state board shall report the findings to the Attorney General for
whatever action under the Business and Professions Code or other law
the Attorney General finds appropriate.



43833.  (a) The state board shall establish criteria for the
evaluation of the effectiveness of, and may conduct tests respecting
the composition or the chemical or physical properties of, any motor
vehicle fuel additive sold, or proposed to be sold, in this state.
The tests shall be designed to determine whether the additive will
reduce or eliminate from vehicular sources any substance found to
affect human health or impair the obtainment of the state board's
ambient air quality standards, or whether, in specified fuels, a
particular fuel additive would result in a significant and beneficial
reduction in vehicular emissions commensurate with the purposes of
this division and would not have a deleterious effect upon the
operation of any vehicle or any motor vehicle pollution control
device which is in general use.
   (b) The state board may also engage independent laboratories to
conduct such tests under test procedures specified by the state
board.
   (c) Any manufacturer may apply to the state board to have its
additive tested pursuant to subdivision (a). The state board may
charge an application fee, not to exceed the cost of such tests, for
such applications.


43834.  (a) The state board shall establish standards or criteria
for the certification of auxiliary gasoline fuel tank evaporative
loss control devices or systems on vehicles which are required,
pursuant to this part or the National Emission Standards Act (42
U.S.C., Secs. 1857f-1 to 1857f-7, inclusive), to be equipped with a
fuel system evaporative loss control device to prevent as much
evaporation of gasoline into the air from auxiliary fuel tanks as is
technologically feasible.
   (b) For the purpose of this section, and Section 27156.1 of the
Vehicle Code, an "auxiliary gasoline fuel tank" is a fuel tank which
is designed and intended by its manufacturer for installation on, or
which is installed on, a vehicle operating on gasoline and which is
connected to the original fuel system, as defined in Section 39032 of
this code, but is not a gasoline fuel tank which is added to a
certified device on a used vehicle if such certification included the
capability of handling evaporation from such a tank.



43835.  (a) The state board shall, by March 1, 1976, adopt
specifications for the fill pipes and openings of motor vehicle fuel
tanks to ensure that the size, design, and location of the fill pipe
and opening permit adequate access to and interfacing with
gasoline-dispensing nozzles for the purpose of vapor control.
   (b) No new 1977 or later model year gasoline-powered motor vehicle
may be sold, offered for sale, or registered in this state unless
such vehicle is in compliance with the specifications adopted by the
state board pursuant to subdivision (a).
   The state board may exempt from such specifications those
classifications of motor vehicles for which the state board
determines the specifications are technologically infeasible.
   The state board also may waive the provisions of this subdivision
for any 1977 model year gasoline-powered motor vehicle, provided that
the state board makes a finding, based upon evidence presented by
the manufacturer of such vehicle, that inadequate lead time exists
for any required vehicle redesign. The state board may make such
waiver applicable only to specified body styles of such a vehicle.