| (a) Every producer or importer that has elected to
sell, offer for sale, supply, or offer for supply low emission diesel
fuel (LED) produced at its production facility or imported from its
import facility in compliance with the requirements specified in §§114.312,
114.313, or 114.318 of this title (relating to Low Emission Diesel
Standards; Designated Alternative Limits; Alternative Emission Reduction
Plan, respectively) 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) Each producer or importer of LED must keep records
that declare or demonstrate that each final blend of LED conforms
to the basic LED standards as specified in §114.312(a) of this
title, to the designated alternative limits as specified in §114.313
of this title, to the specifications of a Certified Diesel Fuel Formulation
or a diesel fuel as accepted under §114.312(c) of this title,
to an alternative diesel fuel formulation as approved under §114.312(d)
of this title, or to an alternative emission reduction plan as approved
under §114.318 of this title.
(c) Each producer or importer of LED shall collect
and analyze a representative sample of each final blend of LED produced
at its production facility or imported from its import facility for
the fuel properties specified in paragraphs (1) - (5) of this subsection.
(1) The aromatic hydrocarbon content and cetane number
must be analyzed for LED produced or imported in accordance with §114.312(a)
of this title using the test methods specified in §114.315(a)
of this title (relating to Approved Test Methods).
(2) The aromatic hydrocarbon content, cetane number,
and/or any other appropriate components specified in the applicable
California diesel fuel regulations or the executive order issued by
the California Air Resources Board (CARB) must be analyzed for LED
produced or imported in accordance with §114.312(c) of this title
using the test methods specified in §114.315(a) of this title
and if appropriate, the test methods as listed in the executive order
issued by CARB.
(3) The appropriate components of the alternative diesel
fuel formulation as listed in the approval notification issued by
the executive director under §114.315 of this title must be analyzed
for LED produced or imported in accordance with §114.312(d) of
this title using the methodologies specified in §114.315(a) of
this title and if appropriate, the test methods as listed in the approval
notification.
(4) The aromatic hydrocarbon content, polycyclic aromatic
hydrocarbon content, American Petroleum Institute (API) gravity index,
cetane number, nitrogen content, and sulfur content must be analyzed
for LED produced or imported in accordance with §114.313 of this
title using the test methods specified in §114.315(a) of this
title.
(5) The aromatic hydrocarbon content, cetane number,
specific gravity, and the temperature corresponding to the 50% point
on the distillation curve in degrees Fahrenheit (T50) must be analyzed
for LED produced in accordance with §114.318(b)(1) of this title
using the test methods specified in §114.315(a) of this title.
(6) If the final blend of LED required to be analyzed
in paragraphs (2) and (3) of this subsection is produced at a production
facility with the use of an additive as it is being loaded directly
to tanks, pipelines, tank ships, railway tank cars, tank trailers,
or fuel delivery trucks, the producer or importer may satisfy the
sampling requirements of this subsection by recording the volume of
additive and the volume of diesel additized in each final blend of
LED as it is produced at the production facility. The analysis of
the volumetric record must demonstrate that sufficient additive was
added to the final blend of LED to maintain the appropriate additive
concentration per gallon as listed in the approval notification issued
by the executive director or in the executive order issued by the
CARB.
(7) The producer or importer shall maintain records
showing the sample date, identity of the final blend sampled, identity
of the container or other vessel sampled, volume of the final blend
sampled, and the fuel properties of each sample as analyzed in accordance
with paragraphs (1) - (6) of this subsection as appropriate, for two
years from the date each sample was collected.
(8) All LED produced by the producer at its production
facilities or imported by the importer from its import facilities
and not tested by the producer or importer as required by this subsection
will be deemed to exceed the standards specified in §114.312
of this title, unless the producer or importer demonstrates that the
LED meets those standards and limits.
(d) 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 LED 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.
(e) All parties in the distribution chain (i.e., producers,
importers, bulk plants, common carriers, and retail fuel dispensing
outlets) that supply diesel fuel subject to the requirements specified
in §114.312 of this title that may ultimately be used in counties
listed in §114.319 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 information
specified in paragraphs (1) - (7) of this subsection:
(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 certification statements specified in
subparagraphs (A), (B), or (C) of this paragraph, 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."
(f) Each producer or importer of LED subject to subsection
(a) of this section shall provide a quarterly summation report to
the executive director no later than the 45th day following the end
of each calendar quarter and must maintain a record of the information
submitted in the quarterly report for two years from the date of each
report. The quarterly report must be submitted on forms prescribed
by the executive director and must include, at a minimum, the information
specified in paragraphs (1) - (3) of this subsection for each of the
producer's production facilities or for each of the importer's import
facilities:
(1) the total volume of LED produced or imported during
the calendar quarter that is subject to the requirements of this section,
and if the volume of LED required to be reported in this paragraph
was produced with the use of an additive, the total volume of additive
used to produce the LED must also be included in the quarterly report;
(2) a reconciliation of the records required in subsection
(c)(7) of this section for each sample collected and analyzed during
the calendar quarter; and
(3) any other information determined by the executive
director to be necessary to demonstrate that the producer or importer
has produced or imported LED that has satisfied the requirements specified
in §§114.312, 114.313, or 114.318 of this title.
(g) Each producer or importer electing to sell, offer
for sale, supply, or offer to supply LED in accordance with §114.312(c)
of this title shall provide to the executive director, as applicable,
a copy of the executive order issued by the 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 August 4,
2005.
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| Source Note: The provisions of this §114.316 adopted to be effective May 11, 2000, 25 TexReg 4030; amended to be effective January 18, 2001, 26 TexReg 328; amended to be effective March 31, 2005, 30 TexReg 1773; amended to be effective May 17, 2006, 31 TexReg 3881; amended to be effective September 13, 2012, 37 TexReg 7181 |
