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Texas SIP: 30 TAC 114.13. Oxygenated Fuels; SIP effective 10/12/94 until April 9, 2001

Regulatory Text: 
Section 114.13.  Oxygenated Fuels.

(Approved by EPA 09/12/94 (59 FR 46766) at 52.2270(c)(84) effective 10/12/94.)

       (a)  Beginning October 1, 1992, no person shall supply, sell, or dispense any gasoline for use as motor vehicle fuel in El Paso County during the period of October 1 through March 31 of each year, unless the gasoline has a minimum oxygen content of 2.7 percent by weight, except as allowed under subsection (g) of this section.

      (b)  No averaging, banking, or trading of oxygenate credits will be allowed until such time as a mechanism for the reporting and tracking of these credits is established by the Texas Natural Resource Conservation Commission (TNRCC).

      (c)  All gasoline storage, refining, and blending facilities; gasoline terminal and bulk plants; and gasoline transporters affected by this section shall be registered with the TNRCC.  The owner or operator of each affected facility shall provide the following information to the TNRCC and shall update this information, as necessary, by September 1 of each year:

           (1)  company name, mailing address, local street address, and telephone number;

           (2)  name and title of the company's chief executive officer and a local contact;

           (3)  type of facility;

           (4)  TNRCC permit numbers, if applicable; and

           (5)  description of the affected operation.

      (d)  All facilities affected by this section shall maintain complete and accurate records for at least two years and shall make such records available to representatives of the TNRCC, the U. S. Environmental Protection Agency, or local air pollution agency having jurisdiction in the area upon request.  Such records shall reflect the operation of the facility and the composition of the gasoline handled, including the oxygen content by weight and the type and percent by volume of oxygenate used.  This information shall include, but shall not be limited to, the following:

           (1)  refiners/blenders of oxygenated gasoline,

                (A)  copies of all results of tests performed on batches of gasoline prior to transfer,

                (B)  copies of all bills of lading or transfer documents for each batch, and

                (C)  copies of all documents reflecting the properties and quantity of the gasoline transferred from the facility;

           (2)  gasoline terminals and bulk plants,

                (A)  copies of all results of tests performed on batches of gasoline prior to transfer,

                (B)  copies of all documents reflecting the properties and quantity of the gasoline received by the facility, and

                (C)  copies of all documents reflecting the properties and quantity of the gasoline transferred from the facility;

           (3)  gasoline transporters,

                (A)  copies of all documents reflecting the properties and quantity of the gasoline received by the transporter, and

                (B)  copies of all bills of lading or transfer documents for each batch;

           (4)  retailer and wholesale purchaser-consumer,

                (A)  copies of all documents reflecting the properties and quantity of the gasoline received by the facility, and

                (B)  copies of all bills of lading or transfer documents for each batch.

      (e)  The oxygen content of gasoline at facilities affected by this section shall be determined by the following test methods:

           (1)  gasoline sampling methodology described in 40 Code of Federal Regulations, Part 80, Appendix D,

           (2)  American Society for Testing and Materials Method D4815-89 for the control periods beginning in 1992 and thereafter, and

           (3)  other test methods approved by the U.S. Environmental Protection Agency beginning in 1995 and thereafter.

      (f)  Each gasoline pump at a retail outlet from which oxygenated gasoline is dispensed shall display, during the period of October 1 through March 31, a legible and conspicuous label with the following statement:  "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide emissions from motor vehicles."  This label shall be printed in 36-point bold type in a color contrasting the intended background and shall be placed on the upper one-third vertical surface of each side of the pump from which fuel can be dispensed.

      (g)  The sale or distribution of non-oxygenated gasoline shall be allowed only under the following conditions:

           (1)  such gasoline is segregated from oxygenated gasoline,

           (2)  the documents which accompany such gasoline are clearly marked as "non-oxygenated gasoline, not for sale to ultimate consumers in a control area,"

           (3)  the product is clearly labeled as "blendstock," "export," "storage," or a similar statement to prohibit improper distribution, and

           (4)  the non-oxygenated gasoline is in fact not sold or dispensed to ultimate consumers during the control period in the control area.

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