(a) Diesel fuel that is sold, offered for sale, supplied,
or offered for supply by a producer who submits an alternative emission
reduction plan in accordance with subsection (b) of this section that
is approved by the executive director will be considered in compliance
with the low emission diesel (LED) requirements of §114.312(a)
of this title (relating to Low Emission Diesel Standards).
(b) The alternative emission reduction plan must demonstrate,
using the Unified Model as described in the United States Environmental
Protection Agency (EPA) staff discussion document, Strategies and Issues in Correlating Diesel Fuel
Properties with Emissions, Publication Number EPA420-P-01-001, published
July 2001, that the average fuel properties of all on-road diesel
fuel produced in any given calendar quarter that is sold, offered
for sale, supplied, or offered for supply by the producer for use
in the affected counties listed in §114.319 of this title (relating
to Affected Counties and Compliance Dates) achieve at least a 5.5%
reduction in nitrogen oxides (NOX ) emissions
for the year 2007; and the average fuel properties of all non-road
diesel produced in any given calendar quarter that is sold, offered
for sale, supplied, or offered for supply by the producer for use
in the affected counties listed in §114.319 of this title achieve
at least a 6.2% reduction in NOX emissions.
(c) 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.
(d) The executive director shall approve or disapprove
alternative emission reduction plans that have been submitted by producers
in accordance with subsection (b) of this section within 45 days of
submittal.
(e) Alternative emission reduction plans submitted
to the executive director in accordance with subsection (b) of this
section must contain sufficient documentation to validate the average
diesel fuel properties used to satisfy the requirements specified
in subsection (b) of this section.
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Source Note: The provisions of this §114.318 adopted to be effective October 18, 2001, 26 TexReg 8096; amended to be effective March 31, 2005, 30 TexReg 1773; amended to be effective May 17, 2006, 31 TexReg 3881; amended to be effective May 31, 2007, 32 TexReg 2865; amended to be effective September 13, 2012, 37 TexReg 7181 |