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Texas SIP: 30 TAC 114.6. Low Emission Diesel Fuel Definitions; SIP effective 2005-10-06

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


§114.6.  Low Emission Fuel Definitions.
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).

     Unless specifically defined in Texas Health and Safety Code, Chapter 382, also known as the Texas Clean Air Act (TCAA) or in the rules of the commission, the terms used in this subchapter have the meanings commonly ascribed to them in the field of air pollution control.  In addition to the terms that are defined by the TCAA, §3.2 and §101.1 of this title (relating to Definitions), the following words and terms, when used in Subchapter H of this chapter (relating to Low Emission Fuels), have the following meanings, unless the context clearly indicates otherwise.

          (1)  Additive - Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to gasoline or diesel fuel, including any added to a motor vehicle fuel system, and that is not intentionally removed prior to sale or use and that is approved by and registered with the United States Environmental Protection Agency in accordance with 40 Code of Federal Regulations Part 79.

          (2)  Barrel - A unit of measure equal to 42 United States gallons.

          (3)  Bulk plant - An intermediate motor vehicle fuel distribution facility where delivery of motor vehicle fuel to and from the facility is solely by truck or pipeline.

          (4)  Bulk purchaser/consumer - A person who purchases or otherwise obtains motor vehicle fuel in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person.

          (5)  Common carrier - A person engaged in the transportation of goods or products of another person for compensation and is available to the public for hire.

          (6)  Designated alternative limit (DAL) - An alternative specification limit for a specific fuel standard, which is assigned by a producer or importer to a final blend of low emission diesel fuel (LED) in accordance with §114.313 of this title (relating to Designated Alternative Limits).

          (7)  Diesel fuel - Any fuel that is commonly or commercially known, sold, or represented as Grade No. 1-D or Grade No. 2-D diesel fuel, in accordance with the active version of American Society for Testing and Materials (ASTM) D975 (Standard Specification for Diesel Fuel Oils), except for lubricity.

          (8)  Final blend - A distinct quantity of low emission diesel (LED) that is introduced into commerce without further alteration, which would tend to affect a regulated LED specification of the fuel.

          (9)  Further process - To perform any activity on motor vehicle fuel, including distillation, treating with hydrogen, blending, or addition of an approved additive, for the purpose of bringing the motor vehicle fuel into compliance with the requirements of Subchapter H of this chapter.

          (10)  Gasoline - Any fuel that is commonly or commercially known, sold, or represented as gasoline, in accordance with ASTM Test Method D4814-99 (Standard Specification for Automotive Spark-Ignition Engine Fuel), dated 1999.

          (11)  Import - The process by which motor vehicle fuel is transported into the State of Texas by any means or method whatsoever, including transport via pipeline, railway, truck, motor vehicle, barge, boat, or railway tank car.

          (12)  Import facility - The stationary motor vehicle fuel transfer point wherein the importer takes delivery of imported motor vehicle fuel and from which imported motor vehicle fuel is transferred into the cargo tank truck, pipeline, or other delivery vessel from which the fuel will be delivered to a bulk plant or retail fuel dispensing facility.

          (13)  Importer - Any person, except a person acting as a common carrier, who imports motor vehicle fuel.

          (14)  Low emission diesel (LED) - Any diesel fuel:

               (A)  sold, intended for sale, or made available for sale that may ultimately be used to power a diesel fueled compression-ignition engine in the counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates);

               (B)  that the producer knows, or reasonably should know, may ultimately be used to power a diesel fueled compression-ignition engine in counties listed in §114.319 of this title; and

               (C)  complies with the standards specified in §114.312 of this title (relating to Low Emission Diesel Standards).

          (15)  Motor vehicle - Any self-propelled device powered by a gasoline fueled spark-ignition engine or a diesel fueled compression-ignition engine in or by which a person or property is or may be transported, and is required to be registered under Texas Transportation Code (TTC), §502.002, excluding vehicles registered under TTC, §502.006(c).

          (16)  Motor vehicle fuel - Any gasoline or diesel fuel used to power gasoline fueled spark-ignition or diesel fueled compression-ignition engines.

          (17)  Non-road equipment - Any device powered by a gasoline fueled spark-ignition engine or a diesel fueled compression-ignition engine that is not required to be registered under Texas Transportation Code, §502.002.

          (18)  Produce - Perform the process to convert liquid compounds that are not motor vehicle fuel into motor vehicle fuel, except where a person supplies motor vehicle fuel to a producer who agrees in writing to further process the motor vehicle fuel at the production facility and to be treated as a producer of the motor vehicle fuel, only the final producer shall be deemed for all purposes under Subchapter H of this chapter to be the producer of the motor vehicle fuel.

          (19)  Producer - Any person who owns, leases, operates, controls, or supervises a production facility and/or produces motor vehicle fuel.

          (20)  Production facility - A facility at which motor vehicle fuel is produced or that manufactures liquid fuels by distilling petroleum.

          (21)  Retail fuel dispensing outlet - Any establishment at which gasoline and/or diesel fuel is sold or offered for sale for use in motor vehicles, and the fuel is directly dispensed into the fuel tanks of the motor vehicles using the fuel.

          (22)  Supply - To provide or transfer fuel to a physically separate facility, vehicle, or transportation system.

Adopted March 9, 2005, Effective March 31, 2005 (4-60).
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