California Air Resources Board

Overview

• Current Regulations
• California Request for Oxygenates Waiver
• MTBE Related Activities
• Ethanol Related Activities
• Related Information

Current Regulations

Federal Wintertime Oxygenates Program

The Federal Clean Air Act Amendments (FCAAA) of 1990 requires the Federal Wintertime Oxygenates Program.  Section 211(m) of FCAAA requires states to implement an oxygenated gasoline program in those areas designated non-attainment for the Federal carbon monoxide (CO) standards, which began in the winter of 1992. These requirements are in effect during the portion of the year in which a non-attainment area is subject to high ambient  concentrations of CO, with a regulatory control period of no less than four months (usually November, December, January, and February). 

Currently, there are two areas in California subject to wintertime oxygenate requirements: Greater Los Angeles Area and Imperial County. 

• California Wintertime Oxygenates Areas Map
• National Wintertime Oxygenates Areas Map

California Wintertime Oxygenates Program

To comply with the requirements of the Federal Wintertime Oxygenates Program, the California Wintertime Oxygenates Program was implemented in 1992

• 2000 CaRFG3 Follow-up Amendments (with amendments to the California Wintertime Oxygenates Program)
• 1999 Labeling Requirements for Pumps Dispensing Gasoline Containing MTBE (with amendments to the California Wintertime Oxygenates Program)
• 1998 Ethanol in Gasoline RVP Impacts (with amendments to the California Wintertime Oxygenates Program)
• 1998 Amendment to the California Cleaner Burning Gasoline Regulations to Increase Cap Limit for Oxygen from 2.7 to 3.5 Percent by Weight
• 1992 California's Wintertime Oxygenates Program 
  • Staff Report
  • Appendix A
  • Appendix B
  • Appendix C
  • Appendix D

California Request for Oxygenates Waiver

California believes that U.S EPA can and should waive the year-round 2% by weight oxygen requirement for the Federal Reformulated Gasoline (RFG). This waiver is justified by the technical analysis of the California Air Resources Board (CARB) that maintaining the federal 2% oxygen requirement after MTBE has been phased out of the California gasoline will diminish the extent to which the California RFG can achieve emissions reductions over and above the reductions achieved by the federal program. The following chronicle documents and events show California's effort to acquire the waiver since 1999.

October 20, 2005

U.S EPA granted the CARB's second request to extend the waiver to the California Phase 3 gasoline RVP requirements in California's State Implementation Plan, from October 25, 2005 to October 31, 2005, concerning the availability of California gasoline to meet Federal RVP requirement as a result of Hurricane Katrina in Gulf Coast. Waiver

September 27, 2005

U.S EPA granted the CARB's request to extend the waiver to the California Phase 3 gasoline RVP requirements in California's State Implementation Plan, from October 4, 2005 to October 24, 2005, concerning the availability of California gasoline to meet Federal RVP requirement as a result of Hurricane Katrina in Gulf Coast. Waiver

September 13, 2005

U.S EPA granted the CARB's request to waive the California Phase 3 gasoline RVP requirements in California's State Implementation Plan, which is effect immediately until 11:59 p.m. on October 3, 2005, concerning the availability of California gasoline to meet Federal RVP requirement as a result of Hurricane Katrina in Gulf Coast. U.S EPA will continue to monitor the situation and issue a second waiver if appropriate. Waiver

June 2, 2005

U.S. EPA upholds the federal Reformulated Gasoline Oxygen Requirement in California, New York, and Connecticut:

• Press Release
• Supporting Document

February 2, 2004

California continues to request a Waiver from the Federal Reformulated Gasoline Oxygen Mandate:

• Letter from the California EPA Secretary Tamminen to the U.S. EPA Administrator Leavitt
• Demonstration that the U.S EPA must grant California a waiver from the Federal Reformulated Gasoline Oxygen mandated on remand from the U.S Court of Appeals for the 9th Circuit
• Technical support documents related to a Waiver's impact on:
  • Particulate Matter Emissions
  • Off-road Equipment Evaporative Emissions
  • Permeation Emissions from Portable Fuel Containers
  • Commingling Emissions

January 29, 2004

Letter from the Governor Schwarzenegger to the U.S. EPA Administrator Leavitt urging U.S. EPA to grant California Oxygenates

August 6, 2003

Governor Davis urges U.S. EPA to grant waiver to keep gasoline clean, affordable and plentiful

July 17, 2003

The 9th Circuit Court's decision in Davis v. U.S. EPA, vacating U.S. EPA's denial of California's oxygen waiver request, and remanding the matter to U.S. EPA with instructions to give full consideration of the effects of a waiver on both the ozone and particulate matter NAAQS

August 13, 2001

Press Release: Governor Davis' Sues U.S EPA over Decision of Denial  the California's Waiver Request

June 12, 2001

Press Releases: 

• Governor Davis' Statement on U.S. EPA Decision
• U.S. EPA Issued Decision on California Waiver Request

Support Documents:

• May 22, 2001 Press Release: Governor Davis' Letter to President George W. Bush
• February 14, 2000: Letter from U.S. EPA confirming receipt of complete application for a waiver from the Federal Year-Round Oxygen Mandate
• December 15, 1999: Governor Davis' Letter to U.S. EPA
• April 12, 1999: Governor Davis' Letter to U.S. EPA
• Additional Material Supporting California's Request for a Waiver of the Federal RFG Year-Round Oxygen Mandate:
  • July 9, 1999
  • September 20, 1999
  • December 24, 1999
  • February 7, 2000 - Letter and Attachments
  • February 17, 2000
  • February 24, 2000
  • February 22, 2001

MTBE Related Activities

Executive Orders

• Governor's Executive Order D-52-02 on MTBE Postponement - Issued March, 2002
• Governor's Executive Order on MTBE Phase Out - Issued March 25, 1999

Health and Environmental Assessment of MTBE (University of California)

CARB comments to CalEPA regarding the above University of California Health & Environmental Assessment of MTBE (November, 1998)

• CARB's Cover Memo
• Attachment 1 - Background and Comments on "Executive Summary & Recommendations" and "Summary," Sections 1 and 2

Other Documents

• CalEPA Public Hearings on UC Report on MTBE (February, 1999)
• Supply and Cost of Alternatives to MTBE (California Energy Commission)

MTBE Labeling Requirements

Statewide Labeling Requirements for Pumps Dispensing Gasoline Containing MTBE

On June 24, 1999, the California Air Resources Board (CARB) approved a statewide regulation requiring the prominent labeling of retail pumps dispensing gasoline containing methyl tertiary-butyl ether (MTBE). The regulation was adopted pursuant to Governor Davis’ Executive Order D-5-99 which, among other things, directed CARB to adopt labeling regulations for gasoline containing MTBE in order to allow consumers to make an informed choice as to the type of gasoline they purchase.

Any pumps that dispense gasoline containing the MTBE additive must be labeled. If you need labels, download the order form.

Software for Calculating MTBE Content

The following software has been made available to calculate MTBE content for service station tanks:

• Installation Instructions
• MTBE Calculation Software (2.2 MB Windows 9x - 32 Bit Version)
• (Note: For Windows 3.x - 16 bit version of software, contact Erik White at 916-327-2953)

Board Hearing Documents

• Notice of Public Hearing, Staff Report, Resolution and Associated Materials
• Final Regulation Order

Public Meetings

• Notice for May 6, 1999 Workshop
• Staff Presentation

Other Documents

• Form to Order MTBE Labels from the California Independent Oil Marketers Association
• Letter to Interested / Affected Parties Notifying of Effective Date
  • Enclosure
• Letter to Interested / Affected Parties Indicating Anticipated Implementation Date
  • Enclosure
• CalEPA and CARB Briefing Paper - Revised September 3, 1998

Ethanol Related Activities

• Ethanol Information - Information including ozone forming potential of gasoline containing 10 volume percent ethanol with elevated RVP
• Ethanol Fate, Transport, and Health Risk Analysis
• Health and Environmental Assessment of the Use of Ethanol as a Fuel Oxygenate (Lawrence Livermore National Lab)

Related Oxygenate Information

• An Overview of the Use of Oxygenates in Gasoline
• Overview of Cleaner Burning Gasoline without MTBE
• U.S. EPA: The Report of the Blue Ribbon Panel on Oxygenates
• U.S. EPA enforcement discretion regarding wintertime oxygen requirement in the Lake Tahoe Air Basin during the 1999/2000 winter season (October 1 through January 31).
• Underground storage tank program (CA State Water Resources Control Board)