Current through Reg. 50, No. 13; March 28, 2025
(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.
