Regulatory Text: 
SUBCHAPTER H:  LOW EMISSION FUELS

DIVISION 2:  LOW EMISSION DIESEL, 

Outline:
§114.312.  Low Emission Diesel Standards.
§114.313.  Designated Alternate Limits.
§114.314.  Registration of Diesel Producers and Importers
§114.315.  Approved Test Methods.
§114.316.  Monitoring, Recordkeeping, and Reporting Requirements.
§114.317.  Exemptions to Low Emission Diesel Requirements.
§114.319.  Affected Counties and Compliance Dates.


§114.312.  Low Emission Diesel Standards.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57218) effective December 14, 2001 (TXd26)

     (a)  No person shall sell, offer for sale, supply, or offer for supply, dispense, transfer, allow the transfer, place, store, or hold any diesel fuel in any stationary tank, reservoir, or other container in the counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates), which may ultimately be used to power a diesel fueled compression-ignition engine in the affected counties, that does not meet either the low emission diesel (LED) standards of subsections (b) - (d) of this section, or the requirements of subsection (f) or (g) of this section.

     (b)  Sulfur content.

          (1)  The maximum sulfur content of LED shall not exceed 500 parts per million (ppm) by weight per gallon in the counties specified in §114.319(a) and (b) of this title.

          (2)  The maximum sulfur content of LED shall not exceed 15 ppm by weight per gallon in accordance with the counties and compliance date specified in §114.319(c) of this title.

     (c)  The maximum aromatic hydrocarbon content of LED is 10% by volume per gallon; or the LED has been reported in accordance with all of the requirements of §114.313 of this title (relating to Designated Alternative Limits), where:

          (1)  the aromatic hydrocarbon content does not exceed the designated alternative limit (DAL); and

          (2)  the designated alternative limit exceeds 10% by volume, the excess aromatic hydrocarbon content is fully offset in accordance with §114.313 of this title.

     (d)  The minimum cetane number for LED is 48.

     (e)  Subsection (a) of this section shall not apply to a sale, offer for sale, or supply of diesel fuel to a producer where the producer further processes the diesel fuel at the producer’s production facility prior to any subsequent sale, offer for sale, or supply of the diesel fuel.

     (f)  Diesel fuel which has been produced to comply with all specifications for a Certified Diesel Fuel Formulation as approved by an executive order by the California Air Resources Board may be used to satisfy the requirements of subsection (a) of this section.

     (g)  Alternative diesel fuel formulations which the producer has demonstrated to the satisfaction of the executive director and the EPA, through emissions and performance testing methods prescribed in §114.315(c) and (d) of this title (relating to Approved Test Methods), as achieving comparable or better reductions in emissions of oxides of nitrogen, volatile organic compounds, and particulate matter may be used to satisfy the requirements of subsections (c) and (d) of this section.  For alternative diesel fuel formulations that incorporate additive systems, the estimated emissions benefits of the alternative diesel fuel formulation may be determined by comparing the emissions and performance characteristics of the alternative diesel fuel with the additive system versus the emissions and performance characteristics of a diesel fuel without the additive system, as determined by the testing methods prescribed in §114.315(c) and (d) of this title.  The commission recognizes that fuel content specifications, additive formulation, and testing technology often include factors that can reasonably be considered proprietary or confidential.  Therefore, proprietary or confidential information supplied by the producer for evaluation of an alternative diesel fuel formulation must be identified as such when submitted.  Decisions regarding confidentiality will be made subject to the Texas Public Information Act, Texas Government Code, Chapter 552.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.312 adopted by TNRCC 12/06/2000 ******ebze*d26*****c14**


§114.313.  Designated Alternate Limits.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57218) effective December 14, 2001 (TXd26)

     (a)  A producer or importer may assign a designated alternative limit (DAL) for aromatic hydrocarbon content to a final blend of low emission diesel fuel (LED) produced or imported by the producer or importer, except for that LED produced in accordance with §114.312(g) of this title (relating to Low Emission Diesel Standards), if the following conditions are met.

          (1)  In no case shall the aromatic hydrocarbon content of the final blend shown by the sample and test conducted in accordance with §114.315 of this title (relating to Approved Test Methods) exceed the assigned DAL.

          (2)  The producer or importer shall notify the executive director of the volume (in barrels) and the DAL of the final blend.  This notification shall be received by the executive director before the start of physical transfer of the LED from the production or import facility, and in no case less than 12 hours before the producer either completes physical transfer of the final blend.

          (3)  Within 90 days before or after the start of physical transfer of any final blend of LED to which a producer or importer has assigned a DAL exceeding the limit for aromatic hydrocarbon content specified in §114.312(c) of this title, the producer or importer shall complete physical transfer from the production or import facility of LED in sufficient quantity and with a DAL sufficiently below the standard specified in §114.312(c) of this title to offset the volume of aromatic hydrocarbons in the LED reported in excess of the standard.

     (b)  No person shall sell, offer for sale, or supply LED, in a final blend to which a producer or importer has assigned a DAL:

          (1)  exceeding the standard specified in §114.312(c) of this title for aromatic hydrocarbon content, where the total volume of the final blend sold, offered for sale, or supplied exceeds the volume reported to the executive director in accordance with subsection (a)(2) of this section; nor

          (2)  less than the standard specified in §114.312(c) of this title for aromatic hydrocarbon content, where the total volume of the final blend sold, offered for sale, or supplied is less than the volume reported to the executive director in accordance with subsection (a)(2) of this section.

     (c)  Whenever the final blend of a producer or importer includes volumes of diesel fuel the producer or importer has produced or imported, and volumes it has not produced or imported, the producer's or importer's DAL shall apply only to the volume of diesel fuel the producer or importer has produced or imported.  In such a case, the producer or importer shall report to the executive director in accordance with subsection (a)(2) of this section, both the volume of diesel fuel produced or imported and the total volume of the final blend.
Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.313 adopted by TNRCC 12/06/2000 ******ebze*d26*****c14**


§114.314.  Registration of Diesel Producers and Importers.
As adopted by TNRCC September 26, 2001, effective October 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57219) effective December 14, 2001 (TXd26)

     Each producer and importer that sells, offers for sale, supplies, or offers for supply from its production facility or import facility low emission diesel fuel (LED) which may ultimately be used in  counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates) shall register with the executive director by December 1, 2004 to begin production or importation of LED April 1, 2005.  Those producers or importers not registered by December 1, 2004, may not begin production or importation of LED until after April 30, 2005, and registration must occur within 30 days after the first date that such person will produce or import LED.  Registration shall be on forms prescribed by the executive director 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 shall be permitted to collect samples and access documentation and records.  The executive director shall maintain a listing of all registered suppliers.

Adopted September 26, 2001, Effective October 18, 2001
**** end tx 114.319 adopted by TNRCC 09/26/2001 ******ebze*d26*****c14**


§114.315.  Approved Test Methods.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57219) effective December 14, 2001 (TXd26)

     (a)  Compliance with the diesel fuel content requirements of §114.312 of this title (relating to Low Emission Diesel Standards) shall be determined by applying the following test methods and procedures, as appropriate.

          (1)  The sulfur content of low emission diesel (LED) shall be determined by the American Society for Testing and Materials (ASTM) Test Method D2622-98 (Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry), dated 1998.

          (2)  The aromatic hydrocarbon content of LED shall be determined by ASTM Test Method D5186-99 (Standard Test Method for Determination of Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid Chromatography), dated 1999.
          (3)  The cetane number of LED shall be determined by ASTM Test Method D613-95 (Standard Test Method for Cetane Number of Diesel Fuel Oil), dated 1995.

          (4)  The polycyclic aromatic hydrocarbon content of LED shall be determined by ASTM Test Method D2425-99 (Standard Test Method for Hydrocarbon Types in Middle Distillates by Mass Spectrometry), dated 1999.

          (5)  The nitrogen content of LED shall be determined by ASTM Test Method D4629-96 (Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection), dated 1996.

          (6)  The American Petroleum Institute (API) gravity index of LED shall be determined by ASTM Test Method D287-92 (Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method)), dated 1995.

          (7)  The viscosity of LED shall be determined by ASTM Test Method D445-97 (Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Viscosity)), dated 1997.

          (8)  The flashpoint of LED shall be determined by ASTM Test Method D93-99c (Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester), dated 1999.

          (9)  The distillation temperatures of LED shall be determined by ASTM Test Method D86-00 (Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure), dated 2000.

     (b)  Alternatives to the test methods prescribed in subsection (a) of this section may be used if validated by Title 40 Code of Federal Regulations (CFR), Part 63, Appendix A (related to Test Methods), Method 301 (related to Field Validation of Pollutant Measurement Methods from Various Waste Media), dated December 29, 1992.  For the purposes of this subsection, substitute "executive director" in each location that Test Method 301 references "administrator."

     (c)  The executive director, upon application of any producer or importer, may approve alternative diesel fuel formulations as prescribed under §114.312(g) of this title in accordance with the following procedures.

          (1)  The applicant shall initially submit a proposed test protocol to the executive director, which shall include:

               (A)  the identity of the entity which will conduct the tests described in paragraph (4) of this subsection;

               (B)  test procedures consistent with the requirements of paragraphs (2) and (4) of this subsection; 

               (C)  test data showing that the candidate fuel meets the specifications for Number 1-D or 2-D diesel fuel as specified in ASTM D975-98b (Standard Specification for Diesel Fuel Oils), dated 1998, and identifying the characteristics of the candidate fuel identified in paragraph (2) of this subsection;

               (D)  test data showing that the fuel to be used as the reference fuel satisfies the specifications identified in paragraph (3) of this subsection;

               (E)  reasonable quality assurance and quality control procedures; and

               (F)  notification of any outlier identification and exclusion procedure that will be used, and a demonstration that any such procedure meets generally accepted statistical principles.  The tests shall not be conducted until the protocol is approved by the executive director.  Upon completion of the tests, the applicant may submit an application for certification to the executive director.  The application shall include the approved test protocol, all of the test data, a copy of the complete test log prepared in accordance with paragraph (4)(D) of this subsection, a demonstration that the candidate fuel meets the requirements for certification specified in this subsection, and other information as the executive director may reasonably require.  Upon review of the certification application, the executive director shall grant or deny the application.  Any denial shall be accompanied by a written statement of the reasons for denial.

          (2)  The applicant shall supply the candidate fuel to be used in the comparative testing in accordance with paragraph (4) of this subsection.

               (A)  The sulfur content, total aromatic hydrocarbon content, polycyclic aromatic hydrocarbon, nitrogen content, and cetane number of the candidate fuel shall be determined as the average of three tests conducted in accordance with the referenced test method specified in subsection (a) of this section.

               (B)  The identity and concentration of each additive in the candidate fuel shall be determined by a test method specified by the applicant and approved by the executive director to adequately determine the presence and concentration of the additive.

               (C)  The applicant may also specify any other parameters for the candidate fuel, along with the test method for determining the parameters.  The applicant shall provide the chemical composition of each additive in the candidate fuel, except that if the chemical composition of an additive is not known to either the applicant or to the manufacturer of the additive (if other), the applicant may provide a full disclosure of the chemical process of manufacture of the additive in lieu of its chemical composition.

          (3)  The reference fuel used in the comparative testing described in paragraph (4) of this subsection shall be produced from straight-run diesel fuel by a hydrodearomatization process and shall have the following characteristics determined in accordance with the referenced test method specified in subsection (a) of this section:

               (A)  sulfur content - as specified in §114.312(b) of this title;

               (B)  total aromatic hydrocarbon content - 10% maximum, volume percent;

               (C)  polycyclic aromatic hydrocarbon content - 1.4%, maximum weight percent;

               (D)  nitrogen content - ten parts per million, maximum;

               (E)  cetane number - 48, minimum;

               (F)  API gravity index - 33 to 39 degrees;

               (G)  viscosity at 40 degrees Celsius - 2.0 to 4.1 centistokes;

               (H)  flash point - 130 degrees Fahrenheit, minimum; and

               (I)  distillation:

                    (i)  initial boiling point - 340 to 420 degrees Fahrenheit;

                    (ii)  10% point - 400 to 490 degrees Fahrenheit;

                    (iii)  50% point - 470 to 560 degrees Fahrenheit;

                    (iv)  90% point - 550 to 610 degrees Fahrenheit; and

                    (v)  end point - 580 to 660 degrees Fahrenheit.

          (4)  Exhaust emission tests using the candidate fuel and the reference fuel specified in paragraph (3) of this subsection shall be conducted in accordance with the federal test procedures as specified in Title 40 CFR, Part 86 (Control of Emissions from New and in-Use Highway Vehicles and Engines), Subpart N (Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty Engines - Gaseous and Particulate Exhaust Test Procedures), dated 1998.

               (A)  The tests shall be performed using a Detroit Diesel Corporation Series-60 engine or an engine specified by the applicant and approved by the executive director to be equally representative of the post-1990 model year heavy-duty diesel engine fleet.

               (B)  The comparative testing shall be conducted by a third-party or third-parties that are mutually agreed upon by the executive director and the applicant.  The applicant shall be responsible for all costs of the comparative testing.

               (C)  The applicant shall conduct a minimum of five exhaust emission tests on the engine with each fuel, using either of the following sequences, where "R" is the reference fuel and "C" is the candidate fuel:

                    (i)  RC, RC, RC, RC, RC (and continuing in the same order); or 

                    (ii)  RC, CR, RC, CR, RC (and continuing in the same order).

               (D)  The applicant shall submit a test schedule to the executive director at least one week prior to commencement of the tests.  The test schedule shall identify the days on which the tests will be conducted, and shall provide for conducting the test consecutively without substantial interruptions other than those resulting from the normal hours of operations at the test facility.  The executive director or his designee shall be permitted to observe any tests.  The party conducting the testing shall maintain a test log which identifies all tests conducted, all engine mapping procedures, all physical modifications to or operational tests of the engine, all re-calibrations or other changes to the test instruments, and all interruptions between tests and the reason for each such interruption.  The party conducting the tests or the applicant shall notify the executive director by telephone and in writing of any unscheduled interruption resulting in a test delay of 48 hours or more, and of the reason for such delay.  Prior to restarting the test, the applicant or person conducting the tests shall provide the executive director with a revised schedule for the remaining tests.  All tests conducted in accordance with the test schedule, other than any tests rejected in accordance with an outlier identification and exclusion procedure included in the approved test protocol, shall be included in the comparison of emissions in accordance with paragraph (5) of this subsection.
               (E)  In each test of a fuel, exhaust emissions of oxides of nitrogen (NOx), volatile organic compounds (VOC), and particulate matter (PM) shall be measured.

          (5)  The average emissions during testing with the candidate fuel shall be compared to the average emissions during testing with the reference fuel specified in paragraph (3) of this subsection, applying one-sided Student's t statistics as set forth in Snedecar and Cochran, Statistical Methods (7th edition), page 91, Iowa State University Press, 1980.  The executive director shall issue a certification in accordance with this paragraph only if he or she makes all of the following determinations:

               (A)  the average individual emissions of NOx, VOC, and PM, respectively, during testing with the candidate fuel do not exceed the average individual emissions of NOx, VOC, and PM, respectively, during testing with the reference fuel; and

               (B)  use of any additive identified in accordance with paragraph (2)(B) of this subsection in diesel powered engines will not increase emissions of noxious or toxic substances which would not be emitted by such engines operating without the additive.

          (6)  If the executive director finds that a candidate fuel has been properly tested in accordance with this subsection, and makes the determinations specified in paragraph (5) of this subsection, then the executive director shall issue an approval notification certifying that the alternative diesel fuel formulation represented by the candidate fuel may be used to satisfy the requirements of §114.312(a) of this title.  The approval notification shall identify all of the characteristics of the candidate fuel determined in accordance with paragraph (2) of this subsection.

               (A)  The approval notification shall provide that the approved alternative diesel fuel formulation has the following specifications:

                    (i)  a sulfur content, total aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content, and nitrogen content not exceeding that of the candidate fuel;

                    (ii)  a cetane number not less than that of the candidate fuel; and

                    (iii)  presence of all additives that were contained in the candidate fuel, in a concentration not less than in the candidate fuel.

               (B)  All such characteristics shall be determined in accordance with the test methods identified in subsection (a) of this section.  The approval notification shall assign an identification number to the specific approved alternative diesel fuel formulation.

     (d) Notwithstanding subsection (c) of this section, the executive director, upon application of any producer or importer, may approve alternative diesel fuel formulations as prescribed under §114.312(g) of this title which may be used to satisfy the requirements of §114.312(c) and (d) of this title if the formulations are intended only for use in non-road equipment and, through emissions and performance testing with supporting data, the producer or importer has demonstrated to the satisfaction of the executive director and the EPA as achieving comparable or better reductions in emissions of NOx, VOC, and PM.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.315 adopted by TNRCC 12/06/2000 ******ebze*d26*****c14**


§114.316.  Monitoring, Recordkeeping, and Reporting Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57219) effective December 14, 2001 (TXd26)

     (a)  Every producer or importer that has elected to sell, offer for sale, supply, or offer for supply low emission diesel fuel (LED) in counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates) is subject to the requirements of this section. Under these requirements LED which has been produced or imported must conform with the standards for sulfur content, aromatic hydrocarbon content, and minimum cetane number as specified in §114.312 of this title (relating to Low Emission Diesel Standards) or other standards, including the type and concentration of additive as specified in accordance with §114.312(g) of this title.  All records relating to LED must contain a statement declaring whether the aromatic hydrocarbon content of the sample conforms to the basic standard, to a designated alternative limit (DAL) in accordance with §114.313 of this title (relating to Designated Alternative Limits), to a limit specified in a Certified Diesel Fuel Formulation as approved by an executive order issued by the California Air Resources Board (CARB), or whether the diesel fuel conforms to an alternative diesel fuel formulation approved under §114.312(g) of this title.

     (b)  Each producer or importer of a diesel fuel that conforms to §114.312(a) - (f) of this title shall sample and test for the sulfur content, aromatic hydrocarbon content, and minimum cetane number in each final blend of LED which the producer or importer has produced or imported, by collecting and analyzing a representative sample of diesel fuel taken from the final blend, using the methodologies specified in §114.315 of this title (relating to Approved Test Methods).  If a producer or importer blends diesel fuel components directly to pipelines, tank ships, railway tank cars, or trucks and trailers, the loading(s) shall be sampled and tested for the sulfur content, aromatic hydrocarbon content, and minimum cetane number by the producer or importer or authorized contractor.  The producer or importer shall maintain, for two years from the date of each sampling, records showing the sample date, identity of blend sampled, container or other vessel sampled, final blend volume, and the sulfur content, aromatic hydrocarbon content, and minimum cetane number.  All diesel fuel produced by the producer or imported by the importer and not tested as LED by the producer or importer as required by this section shall be deemed to exceed the standards specified in §114.312 of this title, unless the producer or importer demonstrates that the diesel fuel meets those standards and limits.

     (c)  Each producer or importer of a diesel fuel that conforms to §114.312(g) of this title shall sample and test for the appropriate components approved by the executive director in each final blend of LED which the producer or importer has produced or imported, by collecting and analyzing a representative sample of diesel fuel taken from the final blend, using the methodologies specified in §114.315 of this title.  If a producer or importer blends diesel fuel components directly to pipelines, tank ships, railway tank cars, or trucks and trailers, the loading(s) shall be sampled and tested for the appropriate components approved by the executive director by the producer or importer or authorized contractor.  If the approved blend contains an additive system, the producer or importer or authorized contractor shall maintain records showing that sufficient additive was added to maintain the appropriate additive concentration as approved by the executive director.  The producer or importer shall maintain, for two years from the date of each sampling, records showing the sample date, identity of blend sampled, container or other vessel sampled, final blend volume, and the appropriate fuel components. All diesel fuel produced by the producer or imported by the importer and not tested as LED by the producer or importer as required by this section shall be deemed to exceed the standards specified in §114.312 of this title, unless the producer or importer demonstrates that the diesel fuel meets those standards and limits.

     (d)  A producer or importer shall provide to the executive director any records required to be maintained by the producer or importer in accordance with this section within five days of a written request from the executive director, if the request is received before expiration of the period during which the records are required to be maintained.  Whenever a producer or importer fails to provide records regarding a final blend of LED in accordance with the requirements of this section, the final blend of diesel fuel shall be presumed to have been sold by the producer or importer in violation of the standards specified in §114.312 of this title, to which the producer or importer has elected to be subject.

     (e)  All parties in the distribution chain (producer, importer, terminals, pipelines, truckers, rail carriers, and retail fuel dispensing outlets) subject to the provisions of §114.312 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 §114.314 of this title (relating to Registration of Diesel Producers and Importers);

          (5)  the volume of diesel fuel being transferred;

          (6)  the location of the diesel fuel at the time of transfer;

          (7)  the following certification statement:  “This product complies with the requirements for low emission diesel fuel specified in Title 30 Texas Administrative Code, §114.312 and may be used in any Texas county requiring the use of low emission diesel fuel in compression-ignition engines.”; and

          (8)  in the case of diesel fuel that was produced under the requirements of §114.312(f) or (g) of this title, the executive order number as issued by the CARB or the approval notification number as issued by the executive director in accordance with §114.315(c)(6) or (d) of this title.

     (f)  For each final blend which is sold or supplied by a producer or importer from the party's production facility or import facility, and which contains volumes of diesel fuel that the party has produced and imported and volumes that the party neither produced nor imported, the producer or importer shall establish, maintain, and retain adequately organized records containing the following information.

          (1)  The volume of diesel fuel in the final blend that was not produced or imported by the producer or importer, the identity of the persons(s) from whom such diesel fuel was acquired, the date(s) on which it was acquired, and the invoice(s) representing the acquisition(s).
          (2)  The sulfur content, aromatic hydrocarbon content, and the cetane number of the volume of diesel in the final blend that was not produced or imported by the producer or importer, determined either by:

               (A)  sampling and testing by the producer or importer of the acquired diesel fuel represented in the final blend; or

               (B)  written results of sampling and test of the diesel fuel supplied by the person(s) from whom the diesel fuel was acquired.

          (3)  A producer or importer subject to subsection (f) of this section shall establish such records by the time the final blend triggering the requirements is sold or supplied from the production or import facility, and shall retain such records for two years from such date.  During the period of required retention, the producer or importer shall make any of the records available to the executive director upon request.

     (g)  Each producer or importer electing to sell, offer for sale, supply, or offer to supply LED in accordance with §114.312 of this title shall provide a report on each final blend and a quarterly summation report to the executive director no later than the fifteenth of the month following the end of the calendar quarter.  The report on each final blend shall provide, at a minimum, the information required to be collected by subsections (b), (c), and (f) of this section.  The quarterly report shall provide, at a minimum, reconciliation of the quarter's transactions relative to the requirements of subsections (b), (c), and (f) of this section.  Updates or revisions to estimated transaction volumes required by subsections (b) and (c) of this section shall be included in this report.

     (h)  Each producer or importer electing to sell, offer for sale, supply, or offer to supply LED under §114.312(f) of this title shall provide to the executive director a copy of the executive order issued by the CARB for the Certified Diesel Fuel Formulation used to produce the LED and shall comply with the requirements of subsections (b) and (f) of this section using the fuel specifications for aromatic hydrocarbon, sulfur, and cetane set by this executive order.

     (i)  Each producer or importer electing to sell, offer for sale, supply, or offer to supply LED under §114.312(f) of this title shall sample and test for the polycyclic aromatic hydrocarbon content and nitrogen content in each final blend of LED which the producer or importer has produced or imported using the fuel specifications for polycyclic aromatic hydrocarbons and nitrogen set by the executive order issued by the CARB for the Certified Diesel Fuel Formulation used to produce the LED, by collecting and analyzing a representative sample of diesel fuel taken from the final blend using the methodologies specified in §114.315 of this title and shall include a record of these tests in the report required by subsection (g) of this section.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.316 adopted by TNRCC 12/06/2000 ******ebze*d26*****c14**


§114.317.  Exemptions to Low Emission Diesel Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57219) effective December 14, 2001 (TXd26)

     (a)  Any diesel fuel 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 diesel fuel to be used by, or under the control of, petroleum, additive, automobile, engine, or component  manufacturers for research, development, or test purposes, is exempted from the provisions of this division (relating to Low Emission Diesel), provided that:

          (1)  the diesel fuel 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 diesel fuel 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.

     (b)  Any diesel fuel 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.

     (c)  The owner or operator of a retail fuel dispensing outlet is exempt from all requirements of §114.316 of this title (relating to Monitoring, Recordkeeping, and Reporting Requirements) except §114.316(e) of this title.

     (d)  Diesel fuel that does not meet the requirements of §114.312 of this title (relating to Low Emission Diesel Standards) is not prohibited from being transferred, placed, stored, and/or held within the affected counties so long as it is not ultimately used:

          (1)  to power a diesel fueled compression-ignition engine in a motor vehicle in the counties listed in §114.319 of this title, except for that used in conjunction with purposes stated in subsections (a) and (b) of this section; or

          (2)  to power a diesel fueled compression-ignition engine in non-road equipment in the counties listed in §114.319(b) of this title, except for that used in conjunction with purposes stated in subsections (a) and (b) of this section.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.317 adopted by TNRCC 12/06/2000 ******ebze*d26*****c14**


§114.318.  Alternative Emission Reduction Plan.
As adopted by TNRCC September 26, 2001, effective October 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57219) effective December 14, 2001 (TXd26)

     Diesel fuel which is sold, offered for sale, supplied, or offered for supply by a producer who submits by January 31, 2003 an alternative emission reduction plan, which contains a substitute fuel strategy and which is approved by the executive director and the EPA no later that May 31, 2003, will be considered in compliance with the requirements of this division.  In order to be approved, the plan must demonstrate the market share the producer supplies, demonstrate the reductions associated with compliance with this division attributable to the market share, specify a substitute fuel strategy that will achieve equivalent reductions, and contain adequate enforcement provisions.  Early reductions may be deemed to be equivalent by the executive director and the EPA.  The executive director may allow plans to be submitted after January 31, 2003; however any plan must be approved prior to the use of that plan for compliance with the requirements of this division.

Adopted September 26, 2001, Effective October 18, 2001
**** end tx 114.318 adopted by TNRCC 09/26/2001 ******ebze*d26*****c14**

§114.319.  Affected Counties and Compliance Dates.
As adopted by TNRCC September 26, 2001, effective October 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57219) effective December 14, 2001 (TXd26)

     (a)  Beginning April 1, 2005, affected persons in the counties listed in subsection (b) of this section shall be in compliance, as applicable, with §§114.312 - 114.317 of this title (relating to Low Emission Diesel Standards; Designated Alternate Limits; Registration of Diesel Producers and Importers; Approved Test Methods; Monitoring, Recordkeeping, and Reporting Requirements; and Exemptions to Low Emission Diesel Requirements) for that diesel fuel which may ultimately be used to power a diesel-fueled compression-ignition engine in a motor vehicle.

     (b)  Beginning April 1, 2005, affected persons in the following counties shall be in compliance with §§114.312 - 114.317 of this title for that diesel fuel which may ultimately be used to power a diesel-fueled compression-ignition engine in a motor vehicle or in non-road equipment:

          (1)  Collin, Dallas, Denton, and Tarrant;

          (2)  Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller;

          (3)  Hardin, Jefferson, and Orange; and

          (4)  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, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood. 

     (c)  Beginning June 1, 2006, affected persons in the counties listed in subsection (b) of this section shall be in compliance with §114.312(b)(2) of this title for that diesel fuel which may ultimately be used to power a diesel-fueled compression-ignition engine in a motor vehicle or in non-road equipment.

Adopted September 26, 2001, Effective October 18, 2001
**** end tx 114.319 adopted by TNRCC 09/26/2001 ******ebze*d26*****c14**
*******end tx chapter 114 subchapter h division 2**********ebze*d26*****c14**