| (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 by applying the supplementary test methods
and procedures specified in paragraphs (1) - (5) of this subsection,
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). The following correlation equation must be used to
convert the supercritical fluid chromatography (SFC) results in mass
percent to volume percent: aromatic hydrocarbons expressed in percent
by volume = 0.916 x (aromatic hydrocarbons expressed in percent by
weight) + 1.33.
(2) The polycyclic aromatic hydrocarbon (also referred
to as polynuclear aromatic hydrocarbons or PAH) 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). The correlation equation specified in paragraph (1)
of this subsection must be used to convert the SFC results in mass
percent to volume percent.
(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 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) Modifications to the testing methods and procedures
in this section may be approved by the executive director after consultation
with and agreement by the United States Environmental Protection Agency
(EPA).
(c) The executive director, upon application, may approve
alternative diesel fuel formulations as prescribed under §114.312(d)
of this title (relating to Low Emission Diesel Standards) that may
be used to satisfy the low emission diesel fuel (LED) requirements
specified in §114.312(a) of this title if the applicant has demonstrated
to the satisfaction of the executive director and the EPA in accordance
with the procedures specified in paragraph (1) of this subsection
that the alternative diesel fuel formulation will achieve equivalent
or better reductions in emissions of nitrogen oxides (NOX ).
(1) The applicant shall submit documentation demonstrating
that the applicable fuel properties of the alternative diesel fuel
formulation demonstrate at least a 5.5% reduction in NOX emissions from on-road diesel fuel for the
year 2007, and at least a 6.2% reduction in NOX emissions
from non-road diesel fuel, using the Unified Model as described in
the EPA staff discussion document, Strategies
and Issues in Correlating Diesel Fuel Properties with Emissions, Publication
Number EPA420-P-01-001, published July 2001.
(2) For alternative diesel fuel formulations that achieve
emission reductions as demonstrated in accordance with the criteria
specified in paragraph (1) of this subsection, the applicant shall
provide documentation to the executive director upon application that
includes the cetane number, aromatic hydrocarbon content, specific
gravity, and the temperature corresponding to the 50% point on the
distillation curve in degrees Fahrenheit (T50) of the alternative
diesel fuel formulation for which the applicant is requesting approval
as determined in accordance with the test methods and procedures specified
in subsection (a) of this section.
(3) If the alternative diesel fuel formulation has
been demonstrated to the satisfaction of the executive director and
the EPA to achieve comparable or better reductions in emissions of
NOX in accordance with paragraph (1)
of this subsection, then the executive director may issue a notice
of approval indicating that the alternative diesel fuel formulation
may be used to satisfy the LED requirements of §114.312(a) of
this title.
(A) The approval notification must identify the specifications
of the alternative diesel fuel formulation as approved under this
subsection by listing the cetane number, aromatic hydrocarbon content,
specific gravity, and the temperature corresponding to the 50% point
on the distillation curve in degrees Fahrenheit (T50) of the alternative
diesel fuel formulation as documented in paragraph (2) of this subsection.
(B) The approval notification must assign an identification
number to the specific approved alternative diesel fuel formulation.
(d) Approval of any additive-based alternative diesel
fuel formulation as prescribed under this section prior to April 1,
2012, and thereafter, is subject to revocation if the executive director
determines that the composition of the additive component of the approved
alternative diesel fuel formulation has been altered so that it no
longer matches the composition of the additive as originally approved.
If the executive director revokes the approval of an additive-based
alternative diesel formulation, producers using the alternative diesel
formulation to satisfy the LED requirements of §114.312(a) of
this title must discontinue all use of the alternative diesel formulation
within 45 days of the date of revocation.
(e) All alternative diesel fuel formulations approved
by the executive director as prescribed under this section prior to
April 1, 2012, may continue to be used to comply with the provisions
specified in this division.
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| Source Note: The provisions of this §114.315 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 |
