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Texas SIP: 30 TAC 114.301-114.309: Gasoline Volatility 4H1 Division 1: Gasoline Volatility, SIP effective September 18, 2015 (TXd173) to May 28, 2018

Regulatory Text: 
Texas Chapter 114 - Control of Air Pollution from Motor Vehicles

4H SUBCHAPTER H:  LOW EMISSION FUELS

4H1 DIVISION 1:  GASOLINE VOLATILITY
As approved by EPA July 20, 2015(80 FR 42730) effective September 18, 2015 (TXd173),
Regulations.gov docket EPA-R06-OAR-2015-0027 [TX169]

Outline:
§114.301.  Control Requirements for Reid Vapor Pressure. 4-39, TXd18
§114.305.  Approved Test Methods. 4-39, TXd18
§114.306.  Recordkeeping Requirements. 4-39, TXd18; 4-90, TXd173
§114.307.  Exemptions. 4-90, TXd173
§114.309.  Affected Counties. 4-90, TXd173


4H1 §114.301.  Control Requirements for Reid Vapor Pressure.
As adopted by TNRCC April 5, 2000 effective April 27, 2000 (4-39), and 
submitted to EPA April 25, 2000 (TX-126).
Approved by EPA April 26, 2001 (66 FR 20927) effective May 29, 2001 (TXd18). 
Not in SIP: Subsection 114.301(c).
Approved by EPA before EPA Region 6 began putting SIP submittals in Regulations.gov.

     (a)  In the counties listed in §114.309 of this title (relating to Affected Counties),
no person shall sell, offer for sale, supply, offer for supply, dispense, transfer, allow the
transfer, place, store, or hold in any stationary tank, reservoir, or other container any
gasoline with a Reid vapor pressure greater than 7.8 pounds per square inch, on a per
gallon basis, which may ultimately be used to power a gasoline engine in the affected 
counties according to the schedule in subsection (b) of this section.

     (b)  Beginning May 1, 2000, all adjustments in the operation of affected facilities 
and all transfers or alterations of gasoline not meeting the requirements of this section 
must be completed as necessary to conform with the provisions of subsection (a) of this 
section during the following periods of each calendar year:

          (1)  June 1 through October 1 of each year for gasoline dispensing facilities; and

          (2)  May 1 through October 1 of each year for all other affected facilities.

     (c)  NOT in SIP.

***end tx 114.301***4-39***********************************TXd18***b4u***


4H1 §114.305.  Approved Test Methods.
As adopted by TNRCC April 5, 2000 effective April 27, 2000 (4-39), and
submitted to EPA April 25, 2000 (TX-126).
Approved by EPA April 26, 2001 (66 FR 20927) effective May 29, 2001. (TXd18).
Approved by EPA before EPA Region 6 began putting SIP submittals in Regulations.gov.

     (a)  Compliance with the Reid vapor pressure (RVP) limitations of §114.301 of this 
title (relating to Control Requirements for Reid Vapor Pressure) shall be determined by 
the American Society for Testing and Materials (ASTM) Test Method D5191-99 
(Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method)) for 
the measurement of RVP using the following correlation correction equation to calculate 
RVP equivalent to that determined by test methods prescribed in Title 40 Code of 
Federal Regulations Part 80, Appendix E, Method 3, dated March 17, 1993.

RVPE = 0.956(x) - 0.347;

where:

RVPE = equivalent RVP with units in pounds per square inch (psi)

x = measured total vapor pressure in psi


     (b)  Minor modifications to these test methods may be used, if approved by the executive 
director.

     (c)  Test methods other than those specified in subsection (a) of this section, may 
be used if validated by 40 CFR 63, Appendix A, Test Method 301 (effective December 29, 1992).
For the purposes of this subsection, substitute "executive director" each place that
Test Method 301 references "administrator."

As adopted by TNRCC April 5, 2000 effective April 27, 2000 (4-39).
***end tx 114.305***4-39***********************************TXd18***b4u***

4H1 §114.306.  Recordkeeping Requirements.
Paragraphs (a) and (b) as adopted by TNRCC April 5, 2000 effective April 27, 2000 (4-39),
submitted to EPA April 25, 2000 (TX-126).
Approved by EPA April 26, 2001 (66 FR 20927) effective May 29, 2001 (TXd18).
Approved by EPA before EPA Region 6 began putting SIP submittals in Regulations.gov.

Section title changed from "Recordkeeping, Reporting, and Certification
Requirements" to "Recordkeeping Requirements" and paragraph 306(c) removed,
Adopted by TCEQ September 10, 2014 effective October 2, 2014 (4-90).
Approved by EPA July 20, 2015(80 FR 42730) effective September 18, 2015 (TXd173),
Regulations.gov docket EPA-R06-OAR-2015-0027 [TX169]

     (a)  The owner or operator of any gasoline storage vessel, gasoline terminal, or 
gasoline bulk plant subject to the provisions of §114.301 of this title (relating to 
Control Requirements for Reid Vapor Pressure) shall maintain records of the Reid vapor 
pressure of all gasoline stored or transferred during the compliance period. All records 
shall be maintained for two years and be made available for review by the executive director, 
EPA, and local air pollution control agencies.  Records do not have to be stored on-site, but 
must be made available for inspection at the site within five business days.

     (b)  All parties in the distribution chain (producers, importers, terminals, 
pipelines, truckers, rail carriers, and retail fuel dispensing outlets) subject to the 
provisions of §114.301 of this title must maintain copies or records of product transfer 
documents for a minimum of two years and shall upon request, make such copies or 
records available to representatives of the commission, EPA, or local air pollution 
agency having jurisdiction in the area. The product transfer documents must contain, at 
a minimum, the following information:
          (1)  the date of transfer;
          (2)  the name and address of the transferor;
          (3)  the name and address of the transferee;
          (4)  in the case of transferors or transferees who are producers or importers, the 
registration number of those persons as assigned by the commission under §114.304 of this title 
(relating to Registration of Gasoline Producers and Importers);
          (5)  the volume of gasoline being transferred;
          (6)  the location of the gasoline at the time of transfer; and
          (7)  the following certification statement: "This product complies with the 
requirements for Reid vapor pressure specified in Title 30 Texas Administrative Code, 
§114.301 and may be used in any Texas county requiring gasoline with a maximum RVP 
of 7.8 pounds per square inch."

     (c)  NOT IN SIP effective September 18, 2015 (TXd173).
Paragraphs (a) and (b) as adopted by TNRCC April 5, 2000 effective April 27, 2000 (4-39).
***end tx 114.306***4-39***********************************TXd18****v9e***
***end tx 114.306***4-90***********************************TXd173***v9e***


4H1 §114.307.  Exemptions.
As adopted by TCEQ September 10, 2014 effective October 2, 2014 (4-90).
Approved by EPA July 20, 2015(80 FR 42730) effective September 18, 2015 (TXd173),
Regulations.gov docket EPA-R06-OAR-2015-0027 [TX169]

     (a) The following uses are exempt from §§114.301, 114.305, and 114.306 of this
title (relating to Control Requirements for Reid Vapor Pressure; Approved Test
Methods; and Recordkeeping Requirements):
         (1) any stationary tank, reservoir, or other container:
             (A) used exclusively for the fueling of implements of agriculture; or
             (B) with a nominal capacity of 500 gallons (1,893 liters) or less; and
         (2) all gasoline solely intended for use as aviation gasoline ("av-gas").

     (b) Any gasoline that is either in a research, development, or test status; or is sold
to petroleum, automobile, engine, or component manufacturers for research,
development, or test purposes; or any gasoline to be used by, or under the control of
petroleum, additive, automobile, engine, component manufacturers for research,
development, or test purposes; or any independent research laboratories or academic
institutions for use in research, development, or testing of petroleum, additive,
automobile, engine, component products, is exempt from the provisions of this division
(relating to Gasoline Volatility), provided that:
         (1) the gasoline is kept segregated from non-exempt product, and the
person possessing the product maintains documentation identifying the product as
research, development, or testing fuel, as applicable, and stating that it is to be used only
for research, development, or testing purposes; and
         (2) the gasoline is not sold, dispensed, or transferred, or offered for sale,
dispensing, or transfer from a retail fuel dispensing facility. It shall also not be sold,
dispensed, or transferred, or offered for sale, dispensing, or transfer from a wholesale
purchaser-consumer facility, unless such facility is associated with fuel, automotive, or
engine research, development, or testing.

     (c) Any gasoline that is refined, sold, dispensed, transferred, or offered for sale,
dispensing, or transfer as competition racing fuel is exempted from the provisions of
this division, provided that:
         (1) the fuel is kept segregated from non-exempt fuel, and the party
possessing the fuel for the purposes of refining, selling, dispensing, transferring, or
offering for sale, dispensing, or transfer as competition racing fuel maintains
documentation identifying the product as racing fuel, restricted for non-highway use in
competition racing motor vehicles or engines;
         (2) each pump stand at a regulated facility, from which the fuel is
dispensed, is labeled with the applicable fuel identification and use restrictions
described in paragraph (1) of this subsection; and
         (3) the fuel is not sold, dispensed, transferred, or offered for sale,
dispensing, or transfer for highway use in a motor vehicle.

     (d) The owner or operator of a retail fuel dispensing outlet is exempt from all
requirements of §114.306 of this title, except §114.306(b) of this title.

     (e) Gasoline that does not meet the requirements of §114.301 of this title is not
prohibited from being transferred, placed, stored, and/or held within the affected
counties so long as it is not ultimately used to power:
         (1) a gasoline-powered spark-ignition engine in a motor vehicle in the
counties listed in §114.309 of this title (relating to Affected Counties), except for that
used in conjunction with purposes stated in subsections (a)- (c) of this section; or
         (2) a gasoline-powered spark-ignition engine in non-road equipment in
the counties listed in §114.309 of this title, except for that used in conjunction with
purposes stated in subsections (a)- (c) of this section.

As adopted by TCEQ September 10, 2014 effective October 2, 2014 (4-90)
***end tx 114.307***4-90***EPA-R06-OAR-2014-0027***TX169***TXd173***v9f***


4H1 §114.309.  Affected Counties.
As adopted by TCEQ September 10, 2014 effective October 2, 2014 (4-90)
Approved by EPA July 20, 2015(80 FR 42730) effective September 18, 2015 (TXd173),
Regulations.gov docket EPA-R06-OAR-2015-0027 [TX169]

     All affected persons in the following counties shall be in compliance with
§§114.301 and 114.305 - 114.307 of this title (relating to Control Requirements for Reid
Vapor Pressure; Approved Test Methods; Recordkeeping Requirements; and
Exemptions) no later than the dates specified in §114.301(b) of this title: Anderson,
Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos,
Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell,
De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales,
Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins,
Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon,
Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris,
Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River,
Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio,
Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria,
Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood.

As adopted by TCEQ September 10, 2014 effective October 2, 2014 (4-90)
***end tx 114.309***4-90***EPA-R06-OAR-2014-0027***TX169***TXd173***v9f***y5m***
***********end texas chapter 114 subchapter h division 1***TXd173***v9f***y5m***