Regulatory Text: 
SUBCHAPTER H:  LOW EMISSION FUELS

DIVISION 1:  GASOLINE VOLATILITY
Outline:
§114.301.  Control Requirements for Reid Vapor Pressure.
§114.304.  Registration of Gasoline Producers and Importers
§114.305.  Approved Test Methods.
§114.306.  Recordkeeping, Reporting, and Certification Requirements.
§114.307.  Exemptions.
§114.309.  Affected Counties.


§114.301.  Control Requirements for Reid Vapor Pressure.
As adopted by TNRCC April 5, 2000 effective April 27, 2000.

(Approved by EPA April 26, 2001 (66 FR 20931) effective May 29, 2001) Subsection 114.301(c) not approved by EPA.  For the benefit of the reader, the text is shown below but is struck out.)

     (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.

NOTE TO READER:  Subsection 114.301(c) below was not approved by EPA in the April 26, 2001, Federal Register action.  For the benefit of the reader, the text is shown below, but is struck out.  END NOTE TO READER

     (c)  No producer shall the increase the use of methyl-tertiary-butyl-ether in gasoline on an average per gallon basis during the period of May 1 through October 1 of any calendar year over that used in the period May 1 through October 1, 1998 to conform with subsection (a) of this section.

************* end tx 114.301 adopted April 5, 2000*******eb5v********b4u**

§114.304.  Registration of Gasoline Producers and Importers.
Adopted by TNRCC April 5, 2000 effective April 27, 2000.

(Approved by EPA April 26, 2001 (66 FR 20931) effective May 29, 2001)

     Each producer and importer that, as of May 1, 2000, sells, offers for sale, supplies, or offers for supply from its production facility or import facility gasoline to counties listed in §114.309 of this title (relating to Affected Counties) shall register with the executive director, or his designated representative, by July 1, 2000.  Beginning July 1, 2000, gasoline producers and importers that are not supplying gasoline to the affected counties as of May 1, 2000, shall register within 30 days after the first date that such person will produce or import gasoline intended to be sold, offered for sale, supplied, or offered for supply from its production or import facility to counties listed in §114.309 of this title. Registration shall be on forms prescribed by the executive director, or his designated representative, and shall include a statement of acceptance of the standards and enforcement provisions of this division; and shall include a statement of consent by the registrant that the executive director, or his designated representative, shall be permitted access to documentation and records. The executive director, or his designated representative, shall maintain a listing of all registered producers and importers. 

************* end tx 114.304 adopted April 5, 2000*******eb5v********b4u**

§114.305.  Approved Test Methods.
As adopted by TNRCC April 5, 2000 effective April 27, 2000.

(Approved by EPA April 26, 2001 (66 FR 20931) effective May 29, 2001)

     (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." 

************* end tx 114.305 adopted April 5, 2000*******eb5v********b4u**

§114.306.  Recordkeeping, Reporting, and Certification Requirements.
As adopted by TNRCC April 5, 2000 effective April 27, 2000.

(Approved by EPA April 26, 2001 (66 FR 20931) effective May 29, 2001)

     (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)  Each producer and importer subject to the provisions of §114.301 of this title shall submit to the executive director, or his designated representative, by November 30 of each year, a report which includes a quantification of the total gallons of gasoline and the total gallons of MTBE contained in gasoline for which the transfer documents contain the statement in subsection (b)(7) of this section during the periods May 1 through October 1 of 1998 and May 1 through October 1 of the current calendar year. The certifying report shall attest that all information contained in the report is true and accurate and is based on knowledge of the certifying official. The report must also include either:

          (1)  a certification statement that the use of MTBE in gasoline for which the transfer documents contain the statement in subsection (b)(7) of this section during the period May 1 through October 1 of the current calendar year has not increased on an average per gallon basis over that in the period May 1 through October 1, 1998; or

          (2)  if the average per gallon use of MTBE during the period May 1 through October l of the current calendar year exceeds the average per gallon use of MTBE during the period May 1 through October 1, 1998, documentation and explanation of the basis for the increased use in a manner sufficient to demonstrate that the producer or importer did not increase the use of MTBE during the period covered by the certification to conform with §114.301(a) of this title.

************* end tx 114.306 adopted April 5, 2000*******eb5v********b4u**

§114.307.  Exemptions.
As adopted by TNRCC April 5, 2000 effective April 27, 2000.

(Approved by EPA April 26, 2001 (66 FR 20931) effective May 29, 2001)

     (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, Reporting, and Certification 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)  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 and during the control period so long as it is not ultimately intended for use or used to power a gasoline engine in the affected counties during the control period.

************* end tx 114.307 adopted April 5, 2000*******eb5v********b4u**

§114.309.  Affected Counties.
As adopted by TNRCC April 5, 2000 effective April 27, 2000.

(Approved by EPA April 26, 2001 (66 FR 20931) effective May 29, 2001)

     All affected persons in the following counties shall be in compliance with §§114.301 and 114.304-114.307 of this title (relating to Control Requirements for Reid Vapor Pressure; Registration of Gasoline Producers and Importers; Approved Test Methods; Recordkeeping, Reporting, and Certification 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 Jacinto, San Patricio, San Augustine, Shelby, Judge Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood.

************* end tx 114.309 adopted April 5, 2000*******eb5v*********b4u**
*************** end tx ch 114 subchapter H division 1 *****eb5v*******b4u**