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

SUBCHAPTER H:  LOW EMISSION FUELS

DIVISION 2:  LOW EMISSION DIESEL
As approved by EPA October 6, 2005 (70 FR 58325) effective October 6, 2005 (TXd69).

§114.312.  Low Emission Diesel Standards. 4-60, TXd69
§114.313.  Designated Alternate Limits. 4-42, TXd26
§114.314.  Registration of Diesel Producers and Importers. 4-60, TXd69
§114.315.  Approved Test Methods. 4-60, TXd69
§114.316.  Monitoring, Recordkeeping, and Reporting Requirements. 4-60, TXd69
§114.317.  Exemptions to Low Emission Diesel Requirements. 4-42, TXd26
§114.318.  Alternative Emission Reduction Plan. 4-60, TXd69
§114.319.  Affected Counties and Compliance Dates. 4-60, TXd54


§114.312.  Low Emission Diesel Standards.
As adopted by TCEQ March 9, 2005, effective March 31, 2005 (4-60).
Approved by EPA October 6, 2005 (70 FR 58325) effective October 6, 2005 (TXd69).

     (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), that 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) and (c) of this section, or the requirements of subsection (f) of this section.

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

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

     (d)  Subsection (a) of this section does 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.

     (e)  Diesel fuel that 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 on or before January 18, 2005, for compliance with California diesel fuel regulations that were in effect as of October 1, 1993, except for those approved for small refinery compliance, or diesel fuel that has been produced to meet all specifications for diesel fuel under regulations adopted by the California Air Resources Board, except for those approved for small refinery compliance, that were in effect as of January 18, 2005, may be used to satisfy the requirements of subsection (a) of this section.

     (f)  Alternative diesel fuel formulations that the producer has demonstrated to the satisfaction of the executive director, 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 (b) and (c) 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.

Adopted March 9, 2005, Effective March 31, 2005 (4-60).
***end tx 114.312***4-60***EPA-R06-OAR-2005-TX-0020***TX026***TXd69***h3c***


§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 TCEQ March 9, 2005, effective March 31, 2005 (4-60).
Approved by EPA October 6, 2005 (70 FR 58325) effective October 6, 2005 (TXd69).

     (a)  Each producer and importer that sold, offered for sale, supplied, or offered for supply diesel fuel from its production facility or import facility that may have been used in counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates)  on or before April 1, 2005, shall register with the executive director by May 1, 2005.

     (b)  Each producer or importer that did not begin to sell, offer for sale, supply, or offer to supply diesel fuel from its production facility or import facility that may ultimately be used in counties listed in §114.319 of this title until after April 1, 2005, shall register with the executive director at least 30 days prior to the first date the diesel fuel is to be made available for use in the listed counties.

     (c)  Registration must be submitted on forms prescribed by the executive director and must include, at a minimum:

          (1)  a signed statement indicating whether the producer or importer does or does not intend to produce or import low emission diesel for use in the counties listed in §114.319 of this title on or after October 1, 2005;

          (2)  a statement of the total number of barrels of diesel fuel produced or imported in the 12 months prior to the date of registration that the producer or importer sold, offered for sale, supplied, or offered for supply from its production facility or import facility that was intended for use in the counties listed in §114.319 of this title;

          (3)  if appropriate, a statement of the estimated total number of barrels of low emission diesel that the producer or importer is planning to produce or import in the 12 months following the compliance date listed in §114.319(c)(1) of this title that the producer or importer intends to sell, offer for sale, supply, or offer to supply from its production facility or import facility for use in the counties listed in §114.319 of this title;

          (4)  if appropriate, a statement of the estimated total number of barrels of diesel fuel that the producer or importer is planning to produce or import under an alternative emission reduction plan under §114.318 of this title (relating to Alternative Emission Reduction Plan) in the 12 months following the compliance date listed in §114.319(c)(1) of this title that the producer or importer intends to sell, offer for sale, supply, or offer to supply from its production facility or import facility for use in the counties listed in §114.319 of this title;
          (5)  any other information determined by the executive director to be necessary to determine the adequacy of diesel supply in the affected counties; and

          (6)  a signed statement of consent by the registrant that the executive director is permitted to collect samples and access documentation and records.

     (d)  The executive director shall maintain a listing of all registered producers and importers.

Adopted March 9, 2005, Effective March 31, 2005 (4-60).
***end tx 114.314***4-60***EPA-R06-OAR-2005-TX-0020***TX026***TXd69***h3c***


§114.315.  Approved Test Methods.
As adopted by TCEQ March 9, 2005, effective March 31, 2005 (4-60).
Approved by EPA October 6, 2005 (70 FR 58325) effective October 6, 2005 (TXd69).
Not in SIP: Subsection 114.315(b) and Subsection 114.315(c)(4)(C)(ii)(V)


     (a)  Compliance with the diesel fuel content requirements of this division must be determined by applying the appropriate test methods and procedures specified in the active version of American Society for Testing and Materials (ASTM) D975 (Standard Specification for Diesel Fuel Oils), or the following supplementary methods, as appropriate.

          (1)  The aromatic hydrocarbon content may be determined by the active version of ASTM Test Method D5186 (Standard Test Method for Determination of Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid Chromatography).

          (2)  The polycyclic aromatic hydrocarbon content may be determined by the active version of ASTM Test Method D5186 (Standard Test Method for Determination of Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid Chromatography).

          (3)  The nitrogen content may be determined by the active version of ASTM Test Method D4629 (Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection).

          (4)  The American Petroleum Institute (API) gravity index may be determined by the active version of ASTM Test Method D287 (Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method)).

          (5)  The viscosity may be determined by the active version of ASTM Test Method D445 (Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Viscosity)).

          (6)  The flashpoint may be determined by the active version of ASTM Test Method D93 (Standard Test Methods for Flash-Point by Pesky-Martens Closed Cup Tester).

          (7)  The distillation temperatures may be determined by the active version of ASTM Test Method D86 (Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure).

     (b)  Not in SIP

     (c)  The executive director, upon application, may approve alternative diesel fuel formulations as prescribed under §114.312(f) of this title (relating to Low Emission Diesel Standards) in accordance with the following procedures.

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

               (A)  the identity of the entity that 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 the appropriate Grade No. 1-D S15 or S500, or Grade No. 2-D S15 or S500 diesel fuel as specified in the active version of ASTM D975 (Standard Specification for Diesel Fuel Oils), except for lubricity, 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 characteristics 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 must 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 must 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 must 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 must 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 must 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 when 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 must be produced from straight-run diesel fuel by a hydrodearomatization process and must have the following characteristics determined in accordance with the referenced test method specified in subsection (a) of this section:

               (A)  sulfur content - 15 parts per million maximum;

               (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 must be conducted in accordance with the federal test procedures as specified in 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), as amended.

               (A)  The tests must 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 must be conducted by a third party that is 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 ensure that one of the test sequences in clause (i) or (ii) of this subparagraph is used to conduct the exhaust emissions tests.

                    (i)  If both cold start and hot start exhaust emission tests are conducted, a minimum of five exhaust emission tests, each test consisting of at least one cold start and two hot start cycles, must be performed on the engine with each fuel, using either of the following sequences, where "R" is the reference fuel and "C" is the candidate fuel:  RC RC RC (and continuing in the same order) or RC CR RC CR RC (and continuing in the same order).  The engine mapping procedures and a conditioning transient cycle must be conducted with the reference fuel before each cold start procedure using the reference fuel.  The reference cycle used for the candidate fuel must be the same cycle as that used for the fuel preceding it.

                    (ii)  If only hot start exhaust emission tests are conducted, one of the following test sequences must be used throughout the testing, where "R" is the reference fuel and "C" is the candidate fuel:

                         (I)  Alternative 1:  RC CR RC CR (continuing in the same order for a given calendar day; a minimum of 20 individual hot start exhaust emission tests must be completed with each fuel);

                         (II)  Alternative 2:  RR CC RR CC (continuing in the same order for a given calendar day; a minimum of 20 individual hot start exhaust emission tests must be completed with each fuel);

                         (III)  Alternative 3:  RRR CCC RRR CCC (continuing in the same order for a given calendar day; a minimum of 21 individual hot start exhaust emission tests must be completed with each fuel);

                         (IV)  Alternative 4:  RR CCC RR (with a conditioning period not to exceed 72 hours of engine operation on the candidate fuel before the first individual hot start emission test on the candidate fuel is performed; the conditioning cycle must represent normal engine operation); or

                         (V)  NOT in SIP.

                    (iii)  For alternatives 1, 2, and 3, an equal number of tests must be conducted using the reference fuel and the candidate fuel on any given calendar day.  At the beginning of each calendar day, the sequence of testing must begin with the fuel that was tested at the end of the preceding day.

                    (iv)  For all alternatives, the engine mapping procedures and a conditioning transient cycle must be conducted after every fuel change and/or at the beginning of each day.  The reference cycle generated from the reference fuel for the first test must be used for all subsequent tests.

                    (v)  Each paired or triplicate series of individual tests must be averaged to obtain a single value that would be used in the calculations conducted in accordance with paragraph (5) of this subsection.

               (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 must identify the days that the tests will be conducted, and must 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 that 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.  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, must 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),  total hydrocarbons (THC), non-methane hydrocarbons (NMHC), and particulate matter (PM) must be measured.

          (5)  The average emissions during testing with the candidate fuel must 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 may issue a certification in accordance with this paragraph only if the executive director makes all of the following determinations:

               (A)  the average individual emissions of NOx, THC, NMHC, and PM, respectively, recorded during testing with the candidate fuel are comparable or better than the average individual emissions of NOx, THC, NMHC, and PM, respectively, recorded 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 that would not be emitted by such engines operating without the additive;

               (C)  in order for the determinations in subparagraph (A) of this paragraph to be made, for each referenced pollutant the candidate fuel must satisfy the following relationship.

Figure 30 TAC 114.315(c)(5)(C):

Figure 30 TAC 114.315(c)(5)(C)

          (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 may, after consultation with the United States Environmental Protection Agency (EPA), 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 must identify all of the characteristics of the candidate fuel determined in accordance with paragraph (2) of this subsection.

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

     (d)  Notwithstanding subsection (c) of this section, the executive director, upon application, may approve alternative diesel fuel formulations as prescribed under §114.312(f) of this title that may be used to satisfy the requirements of §114.312(b) and (c) of this title if the applicant has demonstrated to the satisfaction of the executive director and the EPA that the formulation will achieve comparable or better reductions in emissions of NOx, THC, NMHC, and PM.

          (1)  For alternative diesel fuel formulations that use an additive to achieve reductions, the applicant shall provide to the executive director upon application, the identity, chemical composition, and concentration of each additive used in the formulation, and the test method by which the presence and concentration of the additive may be determined.

          (2)  If the alternative diesel fuel formulation has been demonstrated to the satisfaction of the executive director to achieve comparable or better reductions in emissions of NOx, THC, NMHC, and PM under this subsection, then the executive director may issue an approval notification certifying that the alternative diesel fuel formulation may be used to satisfy the requirements of §114.312(a) of this title.

               (A)  The approval notification must identify the following specifications of the alternative diesel fuel formulation as approved under this subsection:

                    (i)  the total aromatic hydrocarbon content, cetane number, and other parameters as appropriate and as determined in accordance with the test methods identified in subsection (a) of this section; or

                    (ii)  for an alternative diesel fuel using an additive to achieve reductions, the identity, minimum concentration and treatment rate of the additive, the minimum specifications of the base fuel used in the approved formulation, and the test method or methods that must be used to satisfy the monitoring requirements of §114.316 of this title (relating to Monitoring, Recordkeeping, and Reporting Requirements).

               (B)  The approval notification must assign an identification number to the specific approved alternative diesel fuel formulation.

Adopted March 9, 2005, Effective March 31, 2005 (4-60).
***end tx 114.315***4-60***EPA-R06-OAR-2005-TX-0020***TX026***TXd69***h3c***


§114.316.  Monitoring, Recordkeeping, and Reporting Requirements.
As adopted by TCEQ March 9, 2005, effective March 31, 2005 (4-60).
Approved by EPA October 6, 2005 (70 FR 58325) effective October 6, 2005 (TXd69).

     (a)  Every producer or importer that has elected to sell, offer for sale, supply, or offer for supply diesel fuel that may ultimately be used in counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates) is subject to the applicable requirements of this section.  

     (b)  All records relating to low emission diesel (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 as accepted under §114.312(e) of this title (relating to Low Emission Diesel Standards), or whether the diesel fuel conforms to an alternative diesel fuel formulation approved under §114.312(f) of this title.

     (c)  Each producer or importer of a diesel fuel that conforms to §114.312(a) - (e) of this title shall sample and test for the aromatic hydrocarbon content and minimum cetane number in each final blend of LED that the producer or importer has produced or imported, by collecting and analyzing a representative sample of diesel fuel taken using the methodologies specified in §114.315 of this title (relating to Approved Test Methods).  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 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 will 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)  Each producer or importer of a diesel fuel that conforms to §114.312(f) of this title shall sample and test for the appropriate components of the alternative diesel fuel formulation as listed in the approval notification issued by the executive director under §114.315(c) or (d) of this title in each final blend of LED that 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 the diesel fuel components of the approved alternative diesel fuel formulation to produce a final blend of LED directly to pipelines, tank ships, railway tank cars, or trucks and trailers, the loading(s) must be sampled and tested for the appropriate components of the alternative diesel fuel formulation as approved by the executive director by the producer or importer or authorized contractor at a rate of one sample and test per 250,000 gallons of LED produced.  The producer or importer shall maintain records showing the sample date, identity of blend sampled, container or other vessel sampled, final blend volume, and the content of the appropriate fuel components for two years from the date of each sampling.  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 will 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.

     (e)  If the alternative diesel fuel formulation being sampled and tested under subsection (d) of this section contains an additive system, the final blend must be sampled and tested for the content of the appropriate fuel components of the base fuel and additive as listed in the approval notification issued by the executive director under §114.315(c) or (d) of this title, and 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.  If the additive is approved by the executive director for use with diesel fuel produced to comply with the fuel content standards specified in 40 Code of Federal Regulations §80.510, the testing for the content of the fuel components of the base fuel is not required. 

     (f)  A producer or importer subject to the requirements of this division shall provide to the executive director any records required to be maintained by the producer or importer in accordance with this section within 15 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 will 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.

     (g)  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 shall 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, United States Environmental Protection Agency, 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; and

          (7)  one of the following certification statements, as appropriate:

               (A)  “This product is Texas low emission diesel and may be used as fuel for diesel engines in any Texas county requiring the use of low emission diesel fuel.”; or

               (B)  “This product may not be used as fuel for diesel engines in any Texas county requiring the use of low emission diesel fuel without further processing.”; or

               (C)  “This product has been produced under a TCEQ approved alternative emission reduction plan and may be used as fuel for diesel engines in any Texas county requiring the use of low emission diesel fuel.”

     (h)  For each final blend that is sold or supplied by a producer or importer from the party's production facility or import facility, and that 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 person(s) from whom such diesel fuel was acquired, the date(s) that it was acquired, and the invoice(s) representing the acquisition(s).

          (2)  The 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 this subsection 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.

     (i)  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 quarterly summation report to the executive director no later than the 45th day following the end of the calendar quarter.  The quarterly report must provide, at a minimum, the information required to be collected by subsections (c) - (e), and (h) of this section and a reconciliation of the quarter's transactions relative to the requirements of subsections (c) - (e), and (h) of this section.  Updates or revisions to estimated transaction volumes required by subsections (c) - (e) of this section must be included in this report.

     (j)  Each producer or importer electing to sell, offer for sale, supply, or offer to supply LED under §114.312(e) of this title shall provide to the executive director, as applicable, a copy of the executive order issued by the California Air Resources Board (CARB) for the Certified Diesel Fuel Formulation used to produce the LED or documentation demonstrating that the LED has been produced to meet all specifications for diesel fuel under regulations adopted by the CARB, except for those approved for small refinery compliance, that were in effect as of January 18, 2005,  and shall comply with the requirements of subsections (c) and (h) of this section using the fuel specifications for aromatic hydrocarbon and cetane set by this executive order or regulations.

     (k)  Each producer electing to sell, offer for sale, supply, or offer to supply diesel fuel in accordance with §114.318 of this title (relating to Alternative Emission Reduction Plan) shall comply with the sampling and testing requirements of subsections (d) and (e) of this section for the appropriate fuel components of the diesel upon which the projected emission reductions were based.  Each producer shall provide a quarterly report to the executive director no later than the 45th day following the end of the calendar quarter.  The quarterly report must provide, at a minimum, the following information:

          (1)  the volume of diesel fuel produced by the producer that is subject to the provisions of the alternative emission reduction plan as approved by the executive director;

          (2)  the volume of diesel fuel that was not produced by the producer but was sold or supplied by the producer in the counties listed in §114.319 of this title and is subject to the provisions of the alternative emission reduction plan as approved by the executive director and the identity of the persons(s) from whom such diesel fuel was acquired and the date(s) that it was acquired.  The producer shall retain records of the invoice(s) representing the acquisition(s) for two years from such date; and

          (3)  the volume of additive (if any) utilized by the producer to produce diesel fuel that is subject to the provisions of the alternative emission reduction plan as approved by the executive director and the identity of the additive and additive manufacturer.

Adopted March 9, 2005, Effective March 31, 2005 (4-60).
***end tx 114.316***4-60***EPA-R06-OAR-2005-TX-0020***TX026***TXd69***h3c***


§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 TCEQ March 9, 2005, effective March 31, 2005 (4-60).
Approved by EPA October 6, 2005 (70 FR 58325) effective October 6, 2005 (TXd69).

     (a)  Diesel fuel that is sold, offered for sale, supplied, or offered for supply by a producer who submits an alternative emission reduction plan, that contains a substitute fuel strategy and that is approved by the executive director and the United States Environmental Protection Agency (EPA) will be considered in compliance with the requirements of §114.312(a) of this title (relating to Low Emission Diesel Standards).

     (b)  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, and specify a substitute fuel strategy that will achieve equivalent reductions.

     (c)  Early reductions may be deemed to be equivalent by the executive director and the EPA.

     (d)  An alternative emission reduction plan must be approved by the executive director prior to the use of that plan for compliance with the requirements of this section.

Adopted March 9, 2005, Effective March 31, 2005 (4-60).
***end tx 114.318***4-60***EPA-R06-OAR-2005-TX-0020***TX026***TXd69***h3c***


§114.319.  Affected Counties and Compliance Dates.
As adopted by TCEQ March 9, 2005, effective March 31, 2005 (4-60).
Approved by EPA April 6, 2005 (70 FR 17321) effective April 6, 2004 (TXd54).

     (a)  Affected persons in the counties listed in subsection (b) of this section shall be in compliance in accordance with the schedule listed in subsection (c) of this section 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), as applicable, for diesel fuel that may ultimately be used to power a diesel-fueled compression-ignition engine in a motor vehicle or in non-road equipment.

     (b)  The following counties are subject to subsection (a) of this section:

          (1)  Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, 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, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Karnes, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Polk, Rains, Red River, Refugio, Robertson, 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)  Affected persons subject to subsection (a) of this section shall be in compliance with this division according to the following schedule:

          (1)  beginning October 1,  2005,  for producers and importers;

          (2)  beginning November 15, 2005, for bulk plant distribution facilities; and

          (3)  beginning January 1, 2006, for retail fuel dispensing outlets, wholesale bulk purchaser/consumer facilities, and all other affected persons.

As adopted by TCEQ March 9, 2005, effective March 31, 2005 (4-60).
***end tx 114.319***4-60***EPA-R06-OAR-2005-TX-0020***TX026***TXd54***g6g***
**************end texas chapter 114 subchapter h division 2***TXd69***h3c***