(a) California gasoline and diesel fuel exemption. California gasoline or diesel fuel that complies with all the requirements of this section is exempt from all other provisions of this part.
(b) California gasoline and diesel fuel requirements.
(1) Each batch of California gasoline or diesel fuel must be designated as such by its fuel manufacturer.
(2) Designated California gasoline or diesel fuel must be segregated from fuel that is not California gasoline or diesel fuel at all points in the distribution system.
(3) Except for as specified in paragraph (d) or (e) of this section, designated California gasoline or diesel fuel must ultimately be used only in the state of California.
(4) Transferors and transferees of California gasoline or diesel fuel produced outside the state of California must meet the PTD requirements of subpart L of this part.
(5) Each transferor and transferee of California gasoline or diesel fuel produced outside the state of California must maintain copies of the PTDs as specified in subpart M of this part.
(6) California gasoline or diesel fuel must not be used in any part of the United States outside of the state of California unless the manufacturer or distributor recertifies or redesignates the batch of California gasoline or diesel fuel as specified in paragraph (d) or (e) of this section.
(c) Use of California test methods and offsite sampling procedures. For any gasoline or diesel fuel that is not California gasoline or diesel fuel and that is either produced at a facility located in the state of California or is imported from outside the United States into the state of California, the manufacturer must do one of the following:
(1) Comply with the sampling and testing provisions in subpart N of this part, as applicable.
(2) Sample and test using methods approved in Title 13 of the California Code of Regulations.
(3) Sample and test per a current and valid protocol agreement between the fuel manufacturer and the California Air Resources Board or by Executive Order from the California Air Resources Board. Such protocols or Executive Orders must be provided to EPA upon request.
(d) California gasoline used outside of California. California gasoline may be used in any part of the United States outside of the state of California if the manufacturer or distributor of the California gasoline does one of the following:
(1) Recertifies the California gasoline as gasoline under this part and includes the recertified gasoline in their average standard compliance calculations.
(2) Designates the California gasoline as gasoline under this part without recertification and does all the following:
(i) Demonstrates that the fuel meets all applicable requirements for California reformulated gasoline under Title 13 of the California Code of Regulations.
(ii) Properly redesignates the fuel under § 1090.1010(b)(2)(vi).
(iii) Generates PTDs under subpart L of this part.
(iv) Keeps records under subpart M of this part.
(v) Does not include the California gasoline in their average standard compliance calculations.
(e) California diesel used outside of California. California diesel fuel may be used in any part of the United States outside of the state of California and is deemed to meet the standards in subpart D of this part without recertification if the fuel designated as California diesel fuel meets all applicable requirements for diesel fuel under Title 13 of the California Code of Regulations and the manufacturer or distributor of the fuel does all the following:
(1) The manufacturer or distributor properly redesignates the fuel under § 1090.1015(b)(3)(iii).
(2) The manufacturer or distributor generates PTDs under subpart L of this part.
(3) The manufacturer or distributor keeps records under subpart M of this part.