Technical Support Document 

For 

Texas Low Emission Diesel Fuel Rule Revisions 

March 6, 2013 

Sandra Rennie 

 The Texas Low-Emission Diesel Fuel program was initially approved on November 14, 2001 (66 

FR 57196). It was revised on April 6, 2005 (70 FR 17321), October 6, 2005 (70 FR 58325), and 

October 24, 2008 (73 FR 63378). 

 The current SIP approved state regulations for Texas Low Emission Diesel (TxLED) under 

Chapter 114 require that all diesel fuel as defined under §114.6(7) that is sold or supplied for use in a 

compression-ignition engine operating in any of the 110 central and eastern Texas counties listed in 

§114.319(b) must comply with the specifications for aromatic hydrocarbons and cetane number as listed 

in §114.312 or one of the other compliance options listed under this section. This regulation includes all 

diesel used as fuel for on-road motor vehicles and non-road equipment. The TxLED regulations also 

apply to marine distillate fuels, i.e., Marine Distillate fuel X (DMX), Marine Distillate fuel A (DMA), 

and Marine Gas Oil (MGO), when these marine distillate fuels are used in the 1997 Houston-GalvestonBrazoria (HGB) ozone nonattainment area counties of Brazoria, Chambers, Fort Bend, Galveston, 

Harris, Liberty, Montgomery, and Waller. Diesel fuel producers are also allowed to produce TxLED in 

accordance with an alternative emission reduction plan (AERP) as specified under §114.318. TxLED 

producers and importers are required to register with the TCEQ as specified under §114.314 and to 

submit quarterly reports to the TCEQ as specified under §114.316. There are 112 producers and 

importers currently registered under the TxLED program, as of the adoption date. The total nitrogen 

oxides (NOx) emission reduction benefit from TxLED in 2018 from all 110 counties currently regulated 

is estimated to be approximately 5.62 tons per day (tpd) from on-road vehicle use and 7.54 tpd from 

non-road equipment use. The estimated NOx emission reduction benefit in 2018 from TxLED marine 

diesel in the 1997 eight county HGB ozone nonattainment area is approximately 0.89 tpd. 

 Texas submitted revisions to the Texas Low Emission Diesel Fuel rules in a letter dated 

September 19, 2012. The rulemaking, adopted August 22, 2012, revises definitions; establishes new 

designated alternative limits for TxLED fuel properties; removes expired registration requirements and 

establishes new registration requirements for identifying production and import facilities; revises 

approval procedures for alternative diesel fuel formulations; specifies that the approvals of all additivebased alternative diesel fuel formulations will be subject to revocation if the composition of the additive 

is found to be altered; allows all alternative diesel formulations approved by the TCEQ prior to April 1, 

2012, to remain in effect; revises reporting requirements to include production and import facility data; 

requires alternative emission reduction plans using the Unified Model to determine compliance each 

calendar quarter; removes expired early gasoline sulfur reduction credits provisions; and makes other 

clarifying changes as needed for accuracy and consistency. 

Analysis of the Adopted Rule Revisions in Chapter 114 

§114.6 Definitions. The following changes in the definitions are all approvable because they do not 

relax the approved SIP. 

§114.6. Low Emission Fuel Definitions. 

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 TCAA, §3.2, and§ 101.1 of this title (relating to 
Definitions), the [following] words and terms specified in this section, when used in Subchapter H of this chapter (relating to 

Low Emission Fuels), have the [following] meanings as defined in this section, unless the context clearly indicates otherwise. 

(1) Additive- revises the definition so it does not refer to a “motor vehicle fuel” system because the 

term motor vehicle fuel is being repealed. Instead it refers to gasoline or diesel fuel, which are 

terms already defined in this section. This revision is approvable. 

1) Additive·· Any substance that is intentionally added to gasoline or diesel fuel for the purpose of producing a 

gasoline or diesel fuel in compliance with the requirements of Subchapter H of this chapter[including any added to a motor 

vehicle fuel system, and that is not intentionally removed prior to sale or use and] that is: 

(A) Minor language changes for clarification. This revision is approvable. 

(A) a registered additive with the United States Environmental Protection Agency (EPA) in accordance 

with 40 Code of Federal Regulations (CFR) Part 79 (relating to Registration of Fuels and Fuel 

Additives); or 

(B) Removes language from the SIP-approved rule that refers to substances added for the 

purpose of reducing exhaust emissions, leaving only the criteria of being exempt from 

EPA registration. The adopted language is a change from what was proposed, but did 

substantively revise this subsection. By removing this language, the rule clearly no 

longer regulates biodiesel as an additive to TxLED. Biodiesel does not reduce 

exhaust emissions, however a biodiesel blend must still be made with a TxLED that 

meets the requirements in 114.312 (Low Emission Diesel Standards). The rule was 

revised to accommodate/allow the use of biodiesel to meet Federal Renewable Fuel 

Standard obligations. This revision is approvable. See further explanation under 

114.315(d). (B) added to gasoline or diesel for the purpose of reducing exhaust emissions from motor vehicles 

or non-road equipment and is exempted from the EPA registration requirements in accordance with 40 CFR [Code of Federal 

Regulations] Part 79. 

(2) Barrel – no change 

Barrel--A unit of measure equal to 42 United States galIons. 

(3) bulk plant – removes the reference to motor vehicle fuel and replaces it with references to 

gasoline or diesel fuel as needed for consistency and clarity. This revision is approvable. 

Bulk plant--An intermediate gasoline or diesel [motor vehicle] fuel distribution facility where gasoline or diesel fuel 

is stored and then transported for delivery to a bulk purchaser/consumer or retail fuel dispensing facility [ delivery of motor 

vehicle fuel to and from the facility is soley by truck or pipeline]. 

(4) Bulk purchaser/consumer - removes the reference to motor vehicle fuel and replaces it with 

references to gasoline or diesel fuel as needed for consistency and clarity. 

Bulk purchaser/consumer--A person who purchases or otherwise obtains gasoline or diesel [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 – no change 

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 limits - repeals the definition as needed for consistency with the adopted 

new §114.313, which we find can be approved (below). This revision is approvable. In the new 

114.313 the DAL is defined differently from what was in this definition. 
Designated alternative limits--An alternative specification limit for a specific fuel standard, which is assigned by a 

producer or importer to a final bland of low emission diesel fuel (LED) in accordance with §114.313 of this title (relating to 

Designated Alternative Limits).]

 

(7) Diesel fuel – renumbers this to (6). Clarifies the definition to say it is a middle distillate fuel 

used in compression-ignition internal combustion engines. This revision is approvable. 

[7] (6) Diesel fuel--Any middle distillate fuel used in compression-ignition internal combustion engines that is 

commonly or commercially known, sold, or represented as: 

(A)Removes the phrase “except for lubricity” keeping the reference to ASTM D975 

intact, and changes “and” to “or”. The second choice under (B) is marine distillate 

fuel X (DMX), which is used in a different application. These changes are 

approvable. 

(A) 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]; or [and] 

(B) No change. 

(B) Marine Distillate fuel X (DMX), Marine Distillate fuel A (DMA), or Marine Gas Oil (MGO) diesel fuel in 

accordance with the active version of the International Organization for Standardization (ISO) 8217 Specifications of Marine 

Fuels. 

(8) Final blend – Renumbers this to (7). Clarifies the definition by rewriting using the same or 

similar terms. This revision is approvable. [8] (7) Final blend--A distinct quantity of [low emission] diesel fuel [LED] that is introduced into 

commerce as low emission diesel fuel (LED), without further process [alteration, which would tend to affect a regulated 

specification of LED]. 

(9) Further process – Renumbered this to (8). Clarifies the definition by rewriting and at the same 

time removing the term motor vehicle fuel and replacing it with gasoline or diesel as needed for 

consistency and clarity. Adds a timeframe aspect to the definition by indicating this takes place 

prior to the fuel being introduced into commerce. This revision is approvable. 

[(9)] (8) Further' process·· To perform any alteration to [activity on] diesel [motor vehicle] fuel, including 

distillation, treating with hydrogen, blending, or addition of an [approved] additive, for the purpose of producing a diesel fuel 

in [bringing the motor vehicle fuel into] compliance with the requirements of Subchapter H, Division 2 of this chapter prior 

to the diesel fuel being introduced into commerce as LED. 

(10) Gasoline – Renumbers this to (9). Clarifies the definition by providing a more generic 

description and location of the ASTM designation. This rule will not have to be revised every time 

ASTM D4814 is revised. People will have to use the most current version of ASTM D4814. This 

revision is more stringent and approvable. 

[10] (9) Gasoline--Any fuel that is commonly or commercially known, sold, or represented as gasoline, in 

accordance with the active version of American Society for Testing and Materials (ASTM) D4814 [D4814-99] (Standard 

Specification for Automotive Spark-Ignition Engine Fuel) [, dated1999]. 

(11) Import - Renumbers this to (10). Removes the reference to motor vehicle fuel and replaces it with 

gasoline or diesel as needed for consistency and clarity. This revision is approvable..

[11] (10) Import·-The process by which gasoline or diesel [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 – Renumbers this to (11). Removes the references to motor vehicle fuel and 

replaces them with gasoline or diesel as needed for consistency and clarity. Adds the category of 

bulk purchaser/consumer for added clarification of ultimate destination. This revision is approvable. 
[12] (11) Import facility--The stationary gasoline or diesel [motor vehicle] fuel transfer point wherein the importer 

takes delivery of imported gasoline or diesel [motor vehicle] fuel and from which imported gasoline or diesel [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, bulk purchaser/consumer, or retail fuel dispensing facility. 

(13) Importer – Renumbers this to (12). Removes the reference to motor vehicle fuel and replaces it 

with gasoline or diesel as needed for consistency and clarity. This revision is approvable. 

[13] (12) Importer--Any person, except a person acting as a common carrier, who imports gasoline or diesel [motor 

vehicle] fuel. 

(14) Low emission diesel fuel (LED) – Renumbers this to (13). Removes the subparagraphs (A)-(C), 

but replaces them with an expanded explanation in the main paragraph. The reference to 114.312 

covers all the conditions previously listed in subparagraphs (A)-(C). This revision is approvable. 

[14] (13) Low emission diesel fuel (LED)--Any diesel fuel that conforms to the requirements specified in 

§§114.312, 114.313, or 114.318 of this title (relating to Low Emission Diesel Standards; Designated Alternative Limits; or 

Alternative Emission Reduction Plan, respectively). [:] 

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

[(B) that the producer know, 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 – Renumbers this to (14). Clarifies that the engines referred to are internal 

combustion engines. Expands TCC to read Texas Transportation Code. Updates the citations to the 

Texas Transportation Code for consistency. This revision is approvable. 

[(15)] (14) Motor vehicle-Any self-propelled device powered by a gasoline fueled spark-ignition internal 

combustion engine or a diesel fueled compression-ignition internal combustion 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], §502.040, excluding vehicles 

registered under Texas Transportation Code, §502.140 [TTC §502.006(c)]. 

(16) Motor vehicle fuel - repeals the definition of motor vehicle fuel. This term is replaced by the 

terms gasoline or diesel fuel that are defined elsewhere in this list of definitions. This revision is 

approvable. 

[(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 – Renumbers this to (15). Clarifies that the engines referred to are internal 

combustion engines. Updates the citations to the Texas Transportation Code for consistency. This 

revision is approvable. 

[(17)] (15) Non-road equipment--Any device powered by a gasoline fueled spark-ignition internal combustion

engine or a diesel fueled compression-ignition internal combustion engine that is not required to be registered under Texas 

Transportation Code, §502.040. 

(18) Produce – Renumbers this to (16). Removes the term motor vehicle fuel and replaces it with 

gasoline or diesel fuel as needed for consistency and clarity. Simplifies the definition while 

retaining the intent of the original definition. This revision is approvable. 

[(18)] (16) Produce--Perform the process to convert liquid compounds [that are not motor vehicle fuel] into gasoline 

or diesel [motor vehicle] fuel or to further process diesel fuel to create a final blend of LED[, 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 – Renumbers this to (17). Replaces the term motor vehicle fuel with gasoline or diesel 

as needed for consistency and clarity. This revision is approvable. 
[(19)] (17) Producer--Any person who owns, leases, operates, controls, or supervises a production facility that

[and/or] produces gasoline or diesel [motor vehicle] fuel. 

(20) Production facility – Renumbers this to (18). Replaces the term motor vehicle fuel with gasoline 

or diesel as needed for consistency and clarity. This revision is approvable. 

[(20)] (18) Production facility-Any [A] facility where gasoline or diesel [at which motor vehicle] fuel is produced or 

that manufactures liquid fuels by distilling petroleum. 

(21) Retail fuel dispensing outlet – Renumbers this to (19). Adds that this also can include non-road 

equipment. This revision is approvable. 

[(21)] (19) Retail fuel dispensing outlet - Any establishment where [at which] gasoline and/or diesel fuel is sold or 

offered for sale for use in motor vehicles and/or non-road equipment, and the fuel is directly dispensed into the fuel tanks of 

the motor vehicles and/or non-road equipment using the fuel. 

(22) Supply – Renumbers this to (20). Clarifies that the fuel be gasoline or diesel. This revision is 

approvable. 

[(22)] (20) Supply--To provide or transfer gasoline or diesel fuel to a physically separate facility, vehicle, or 

transportation system. 

§114.312 Low Emission Diesel Standards. Makes changes needed for accuracy and consistency with 

the adopted changes to §114.313 and §114.315 which we find we can approve (see below); removes 

language limiting the acceptance of CARB-approved alternative diesel fuel formulations to only 

those approved on or before January 18, 2005, in order to allow the use of new alternative diesel fuel 

formulations approved by CARB in the future; and cites the current effective date of the California 

diesel fuel regulations relevant to this section. The following changes are all approvable because 

they do not relax the approved SIP. 

 

(a) Renumbering has taken place in which subsections (b) and (c) are renumbered as paragraphs (1) 

and (2) under (a). The subparagraphs under (1) [formerly (b)] have been eliminated, and the 

designated alternative limits are now entirely addressed in new § 114.313. The revision in (a) 

updates the reference to the correct renumbering scheme. 

(a) No person shall sell, offer for sale, supply, or offer for supply, dispense, transfer, allow the transfer, 

place, store, or hold any diesel fuel in any stationary tank, reservoir or other container in the counties listed in 

§114.319 of this title (relating to Affected Counties and Compliance Dates)[,] that may ultimately be used to power 

a diesel fueled compression-ignition internal combustion engine in the affected counties[,] that does not meet 

[either] the low emission diesel fuel (LED) standards specified in paragraphs (1) and (2) of this subsection. [of 

subsections (b) and (c) of this section, or the requirements of subsection (f) of this section.] 

 (1) [(b)] The maximum aromatic hydrocarbon content of LED is 10% by volume per gallon. [; or the LED 

has been reported in accordance with all of the requirement of §114.313 of this title (relating to Designated Alternative 

Limits, where:] 

 [(1) the aromatic hydrocarbon content does not exceed the designated alternative limit (DAL); 

and] 

 [(2) the DAL exceeds 10% by volume, the excess aromatic hydrocarbon content is fully offset in 

accordance with §114.313 of this title.] 

 (2) [(c)] The minimum cetane number for LED is 48. 

(b) This subsection was formerly numbered as (d). The term diesel fuel is replaced by “final blend of 

LED” which is a needed clarification and is more specific. [(d)] (b) Subsection (a) of this section does not apply to a sale, offer for sale, or supply of diesel fuel to a 

producer where the producer further processes the diesel fuel at the producer's production facility prior to any subsequent 

sale, offer for sale, or supply of the final blend of LED [diesel fuel]. 

(c) This subsection was formerly numbered as (e). This subsection now cites the current effective 

date of the California Diesel fuel regulations relevant to this section. 
[(e)] Diesel fuel that has been produced to comply with all specifications for a Certified Diesel Fuel Formulation as 

approved by an executive order by the California Air Resources Board [on or before January 18, 2005] for compliance with 

California diesel fuel regulations that were in effect as of August 4, 2005, [October 1, 1993] except for those approved for 

small refinery compliance, or diesel fuel that has been produced to meet all specifications for diesel fuel under regulations 

adopted by the California Air Resources Board[, except for those approved for small refinery compliance,] that were in effect 

as of [January 18, 2005]August 4, 2005, except for those approved for small refinery compliance, may be used to satisfy the 

requirements of subsection (a) of this section.

(d) This subsection was formerly numbered as (f). This subsection is rewritten to be consistent with 

changes made to section 114.312 (as discussed above) and section 114.315 on Test Methods, 

which we find we can approve (See below). 

(d) [(f)] Alternative diesel fuel formulations that have been approved by [the producer has demonstrated to the 

satisfaction of] the executive director[, through emissions and performance testing methods] prescribed in §114.315(c) [and 

(d)] of this title (relating to Approved Test Methods)[, as achieving comparable or better reductions in emissions of oxides of 

nitrogen and particulate matter]may be used to satisfy the requirements of subsection (a) [subsections (b) and (c)] of this 

section. [For alternative diesel fuel formulations that incorporate additive systems, the estimated emissions benefits of the 

alternative diesel fuel formulation may be determined by comparing the emissions and performance characteristics of the 

alternative diesel fuel with the additive sys versus the emissions and performance characteristics of a diesel fuel without the 

additive system, ad determined by the testing methods prescribed in §114.315(c) and (d) of this title.] 

§114.313. Designated Alternate Limits. (Repealed) 

This SIP-approved section is repealed and replaced by a new §114.313 titled Designated Alternative Limits. See 

the discussion below regarding the new language in this section. The repealed section focuses on the 

aromatic hydrocarbon content and how much is being produced, imported or transferred into the 

covered area. As with the section on registration, the focus has shifted from how much to what 

specifically (in this case) is being introduced into the covered area. This refocus is logical now that 

the rule is fully implemented and fuel supplies are established in the covered area. We find this 

approach is no less stringent (although different) than what was in the approved SIP and therefore is 

approvable. The DAL (as was the whole TxLED rule) was modeled after the California rule 

originally, so repealing the language and using the more specific California rule language is 

acceptable. This repeal and diversion do not relax the approved SIP. As the state points out, the goal 

is to encourage more people to take advantage of this option now that the additive testing program 

and EPA ETV program are no longer available. These revisions further that goal. 

(a) A producer or importer may assign a designated alternative limit (DAL) for aromatic hydrocarbon

content to a final blend of low emission diesel fuel (LED) produced or imported by the producer or importer,

except for that LED produced in accordance with §114.312(g) of this title (relating to Low Emission Diesel

Standards), if the following conditions are met.

(1) In no case shall the aromatic hydrocarbon content of the final blend shown by the sample

and test conducted in accordance with §114.315 of this title (relating to Approved Test Methods) exceed the

assigned DAL.

(2) The producer or importer shall notify the executive director of the volume (in barrels) and

the DAL of the final blend. This notification shall be received by the executive director before the start of physical

transfer of the LED from the production or import facility, and in no case less than 12 hours before the producer

either completes physical transfer of the final blend.

(3) Within 90 days before or after the start of physical transfer of any final blend of LED to

which a producer or importer has assigned a DAL exceeding the limit for aromatic hydrocarbon content specified in 

§114.312(c) of this title, the producer or importer shall complete physical transfer from the production or import facility of 

LED in sufficient quantity and with a DAL sufficiently below the standard specified in §114.312(c) of this title to offset the 

volume of aromatic hydrocarbons in the LED reported in excess of the standard.

(b) No person shall sell, offer for sale, or supply LED, in a final blend to which a producer or importer has

assigned a DAL:

(1) exceeding the standard specified in §114.312(c) of this title for aromatic hydrocarbon content,

where the total volume of the final blend sold, offered for sale, or supplied exceeds the volume reported to the
executive director in accordance with subsection (a)(2) of this section; nor

(2) less than the standard specified in §114.312(c) of this title for aromatic hydrocarbon content,

where the total volume of the final blend sold, offered for sale, or supplied is less than the volume reported to the

executive director in accordance with subsection (a)(2) of this section.

(c) Whenever the final blend of a producer or importer includes volumes of diesel fuel the producer or

importer has produced or imported, and volumes it has not produced or imported, the producer's or importer's

DAL shall apply only to the volume of diesel fuel the producer or importer has produced or imported. In such a

case, the producer or importer shall report to the executive director in accordance with subsection (a)(2) of this

section, both the volume of diesel fuel produced or imported and the total volume of the final blend.

§114.313 Designated Alternative Limits. 

In the repeal and replacement, the section title is changed to replace the word alternate with alternative. 

A new §114.313 is adopted that establishes designated alternative limits that have the same fuel property 

limits as currently specified in the California Code of Regulations at 13 CCR §2282(h)(1) to provide 

additional flexibility to the TxLED program while ensuring equivalent emission reductions. The 

following changes are all approvable because they do not relax the approved SIP. The 

approved SIP already contains requirements that allow any CARB diesel to qualify as a TxLED at 

114.312(c). Therefore, to restate the California limits in the Texas SIP is no less stringent. 

§114.313. Designated Alternative Limits.

(a) Diesel fuel that has been produced to meet all of the designated alternative limits specified in subsection (b) of this section 

may be used to satisfy the low emission diesel fuel (LED) requirements specified In §114.312(a) of this title (relating to Low 

Emission Diesel Standards).

(b) The designated alternative limits per gallon of LED are set forth in paragraphs (1)-(6) of this subsection:

 (1) An aromatic hydrocarbon content of no greater than 21.0% by weight;

 (2) A polycyclic aromatic hydrocarbon content of no greater than 3.5% by weight;

 (3) An American Petroleum Institute gravity index of no less than 36.9;

 (4) A cetane number of no less than 53;

 (5) A nitrogen content of no greater than 500 parts per million by weight (ppmw); and

 (6) A sulfur content of no greater than 15 ppmw.

(c) Compliance with the designated alternative limits specified in subsection (b) of this section must be determined by the test 

methods specified in §114.315(a) of this title (relating to Approved Test Methods).

§114.314 Registration of Diesel Producers and Importers. Expired registration requirements are 

removed. This section now requires all new producers and importers to register by no later than 45 

days after the first date that they begin to provide TxLED to the affected counties. It requires 

producers and importers to provide information on each production facility and import facility from 

which TxLED is produced or imported, and makes other clarifying changes as needed to enhance 

and simplify the registration process. The following changes are all approvable because they do not 

relax the approved SIP. 

(a) The verb tense is changed from past tense to present tense. The subsection is rewritten to 

broaden the applicability of the registration requirement to include transfer and storage of diesel 

fuel in the affected counties and to specify the type of use of the fuel (to power a diesel fueled 

compression-ignition internal combustion engine). The applicability date of “on or before April 

1, 2005” is removed and the registration deadline is changed from before May 1, 2005, to no 

later than 45 days after the first date that the fuel is available for use. This revision is approvable. 

(a) Each producer and importer that sells, offers for sale, supplies, offers to supply, dispenses, transfers, allows the 

transfer, places, stores, or holds any diesel fuel in any stationary tank, reservoir, or other container in the affected counties 

listed in §114.319 of this title (relating to Affected Counties and Compliance Dates) that may ultimately be used to power a 

diesel fueled compression-ignition internal combustion engine in the affected counties listed in § 114.319 of this title shall 

register with the executive director by no later than 45 days after the first date the diesel fuel from its production facility or 
import facility is made available for use in the affected counties listed in § 114.319 of this title. [sold, offered for sale, 

supplied, or offered for supply diesel fuel from its production facility or import facility that may have been used in counties 

listed in § 114.319 of this title (relating to Affected Counties and Compliance Dates) on or before April 1, 2005, shall register 

with the executive directory by May 1, 2005]. 

 

(b) This subsection is deleted and the text following is renumbered. The deleted text is no longer 

relevant because it ties an activity to a date that has passed. Registration timing requirements are 

adequately covered in revised subsection (a). This deleted text was relevant when the rule was 

adopted and not fully implemented. Now that the rule is fully implemented, the deleted text is 

no longer meaningful or necessary. 

[(b) Each producer or importer that did not begin to sell, offer for sale, supply or offer to supply diesel fuel from its 

production facility or import facility that may ultimately be used in counties listed in § 114.319 of this title until after April 1, 

2005, shall register with the executive director at least 30 days prior to the first date the diesel fuel is to be made available for 

use in the listed counties]. 

(c) This subsection is renumbered to (b). The subparagraphs (1)-(5) contain updated requirements 

for what must be included in the registration information. Paragraph (1) now requires basic 

contact information about the producer or importer. The concept in former paragraph (3) now 

appears in paragraph (2). Former paragraph (2), which required a statement of the number of 

barrels imported in the previous 12 months, is deleted because the full implementation of the 

program has made this requirement moot. Paragraph (3) now requires basic contact information 

about the production or import facility. Former paragraph (4) is deleted because it crossreferences to a past date in former §114.319(c)(1) that is no longer relevant. The substance of 

former paragraph (5) is now moved to paragraph (4). The concept in paragraph (6) is now 

moved to paragraph (5) and contains improved specificity concerning the applicability of the 

requirement. 

(b) [(c)] Registration must be submitted on forms prescribed by the executive director and must include, at a 

minimum, the information specified in paragraphs (1) - (5) of this subsection: 

 (1) the legal business name of the producer or importer, mailing address, agency assigned customer 

reference number, and contact information for the producer or importer, or their authorized representative; [a signed 

statement indicating whether the producer or importer does or does not intend to produce or import low emission diesel for 

use in the counties listed in § 114.319 of this title on or after October 1, 2005];- 

 (2) a statement of the estimated total number of barrels of low emission diesel fuel that the producer or 

importer is planning to produce or import in the 12 months following the date of registration that the producer or importer 

intends to sell, offer for sale, supply, or offer to supply from its production facility or import facility [total number of barrels 

of diesel fuel produced or imported in the 12 months prior to the date of registration that the producer or importer sold, 

offered for sale, supplied, or offered for supply from its production facility or import facility that was intended] for use in the 

counties listed in §114.319 of this title; 

 (3) the physical address, agency assigned regulated entity reference number, and contact information for 

each production facility or import facility that is used to produce or import diesel fuel that may be sold, offered for sale,

supplied, or offered for supply [if appropriate, a statement of the estimated total number of barrels of low emission diesel that 

the producer or importer is planning to produce or import in the 12 months following the compliance date listed in 

§114.319(c)(1) of this title that the producer or importer intends to sell, offer for sale, supply, or offer to supply from its 

production facility or import facility] for use in the affected counties listed in §114.319 of this title; 

 [(4) if appropriate, a statement of the estimated total number of barrels of diesel fuel that the producer or 

importer is planning to produce or import under an alternative emission reduction plan under §114.318 of this title (relating to 

Alternative Emission Reduction Plan) in the 12 month following the compliance date listed in 114§.319(c)(1) of this title that 

the producer or importer intends to sell, offer for sale, supply, or offer to supply from its production facility or import facility 

for use in the counties listed 1§14.319 of this title;] 

 (4) [(5)] any other information determined by the executive director to be necessary to identify the persons 

responsible for [determine] the adequacy of diesel supply in the affected counties; and 

 (5) [(6)] a signed statement of consent by the registrant that the executive director is permitted to collect 

samples and access documentation and records at any production facility or import facility used to produce or import diesel 

fuel that may ultimately be used to power a diesel fueled compression-ignition internal combustion engine in the counties 

listed in § 114.319 of this title. 
(d) This subsection is renumbered to (c). 

(c)[(d)] The executive director shall maintain a listing of all registered producers and importers. 

 

§114.315 Approved Test Methods. This section is amended to remove the supplementary test methods 

for viscosity and flash point in subsection (a); to remove the alternative diesel formulation test 

procedures in subsection (c) and the option for testing alternative diesel fuel formulations through 

EPA's ETV program, which EPA has discontinued, in subsection (d). Alternative diesel fuel 

formulations will only be approved through the provision currently specified under subsection 

§114.312(d) for using the EPA's Unified Model. It specifies that the approvals of all additive-based 

alternative diesel fuel formulations approved prior to April 1, 2012, and thereafter, will be subject to 

revocation if the composition of the additive is found to be altered; and it adds a subsection (e) to 

allow all alternative diesel formulations approved by the TCEQ prior to April 1, 2012, to remain in 

effect. The following changes are all approvable because they do not relax the approved SIP. 

 

(a) The revisions make non-substantive changes to this paragraph for consistency. Paragraphs (5) 

and (6) have been deleted. These paragraphs contained the supplementary test methods for 

viscosity and flash point and were deleted in order to be consistent with deletions in 114.315(c), 

discussed below. Removing the supplementary test methods for viscosity and flashpoint that 

were in paragraphs (5) and (6) does not weaken the SIP because these test methods, plus those 

for aromatic hydrocarbons, polycyclic aromatic hydrocarbons, nitrogen content and gravity 

index, are listed as alternatives to the test methods and procedures specified in the active version 

of ASTM D975, which is part of the approved SIP. Paragraph (7) is then renumbered to 

paragraph (5). 

(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 [the following] 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 SyringeIInlet 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 viscosity may be determined by the active version of ASTM Test Method D445 (Standard Test Method for 

Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Viscosity)).

(6) The flashpoint may be determined by the active version of ASTM Test Method D93 (Standard Test Methods for 

Flash-Point by Pesky-Martens Closed Cup Tester).] 

(5) [(7)] 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) No change. 
(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) This subsection has major changes because the test methodologies included for testing an 

alternative fuel formulation have been removed and the substance of subsection (d) has been 

moved to subsection (c).1

 The deleted portions of subsection (c) are not presented here because 

they are extensive. Please refer to the state’s proposal for the deleted portions. The approval and 

review process in subsection (c) resulted in fiscal and staff resource challenges for the TCEQ. 

The TCEQ needed to validate the emissions testing data and to physically observe the emissions 

testing performed for approval, at a cost to the TCEQ of approximately $20,000 per application. 

The revisions remove the alternative diesel fuel formulation test procedures in subsection (c) and 

the option previously under subsection (d) for allowing the testing of these formulations through 

EPA’s Environmental Technology Verification (ETV) Program, which EPA has discontinued. 

No new alternative fuel formulations will be approved through the state’s testing program, and 

existing alternative fuel formulations are grandfathered under new subsection (e) discussed 

below. The approval option in revised subsection (c) (previously in subsection (d)), which 

specifies criteria for using the Unified Model that EPA developed specifically for the TxLED 

program, is now the State’s only method for approving alternative diesel formulations. 

Acceptance of alternative diesel formulations approved by CARB as allowed under §114.312(e) 

is also permitted. The State’s elimination of test methodologies does not interfere with 

attainment and reasonable further progress of the NAAQS or any other applicable 

requirement of the CAA because the criteria for TCEQ approval in the revised requirement are 

adequate to prevent interference. Further, the deleted test methodologies are not required by the 

Clean Air Act or other Federal regulations. The revisions greatly lessen the TCEQ's fiscal and 

staff resource needs in the physical testing aspects of the alternative diesel formulation approval 

process. The revisions will likewise conserve EPA resources because we play an integral role in 

the state’s approval process. EPA retains a concurrent role in the approval of any future 

alternative fuel formulation that may be presented to the state for approval. These revisions are 

approvable. 

 

 In place of the testing program, new language allows the state to approve an alternative diesel fuel 

formulation under new 114.312(d) [formerly numbered subsection 114.312(f)]. Subsection (c) has 

new paragraphs (1)-(3) and new subparagraphs (3)(A) and (B). These subparagraphs delineate 

criteria for fuel performance that must be met to be approved by the state. These criteria are defined 

by EPA’s Unified Model that can be used to refine an alternative formulation of TxLED. 

(c) The executive director, upon application, may approve alternative diesel fuel formulations as prescribed under § 

114.312(d) [(f)] 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) [in 

accordance with the following procedures]. 

 (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.

 

1

 Note that in addition to NOX, subsection (d) previously pertained to emissions of particulate matter (PM). The original 

TxLED program contained sulfur standards, which regulated sulfur dioxide (SO2) and PM. However, EPA approved the 

removal of the sulfur standard in 2005 (70 FR 58325) because the federal ultra-low sulfur diesel standards adequately reduce 

sulfur in diesel fuels. Therefore, removal of the reference to PM is appropriate and consistent with the current SIP-approved 

TxLED requirements. 
 (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 

alternativediesel 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. 

 That the final blends of alternative fuel formulations no longer must be sampled and tested under 

114.315(c), makes sense because the testing provisions have been removed from the rule. No new 

alternative fuel formulations will be approved through the state’s testing program, and existing 

alternative fuel formulations are grandfathered under this rule change. Those formulations approved 

by CARB or refined using the EPA Unified Model will be considered TxLED without further 

testing, and will be approvable under 114.315(c) and (d). 

(d) Subsection (d) has been completely rewritten. The documentation requirements previously 

set out in this subsection are now covered in subsection (c) discussed above. Revised subsection (d) is 

devoted to discussing how approval of an alternative fuel formulation can be revoked by the executive 

director if it is found that the formulation has been altered so that it no longer matches the formulation as 

it was previously approved. The deleted language in paragraphs 1-4 is not shown here. Please refer to 

the state’s proposal for those deleted paragraphs. 

(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. [Notwithstanding 

subsection (c) of this section, the executive director, upon application, may approve the alternative diesel fuel formulations as 

prescribed under 114.312(f) of this title that may be used to satisfy the requirements of 114.312(b) and (c) of this title of the 

applicant has demonstrated to the satisfaction of the executive director and the EPA that the formulation will achieve 

comparable or better reductions in emissions of NOx and PM.] 

EPA commented that the only provision to remove an additive from the approved list is if the 

manufacturer changes the formulation. We asked the TCEQ to explain how this change would be 

determined. In the response to comments section, the state says, 

The TCEQ can periodically request the EPA provide copies of the most current EPA fuel 

additive registration letters for all of the additives used in the TCEQ-approved alternative 

diesel formations to determine if any changes have been made to their additive compositions. 

The approval notifications of all TCEQ-approved alternative diesel fuel formulations specify 

the EPA fuel additive registration number and additive name as registered with the EPA in 

accordance with 40 CFR Part 79 for the additive used in the emissions testing of the approved 

formulation. Any change to the chemical composition of a registered fuel additive requires the 

additive manufacturer to notify the EPA with the changes. If the EPA determines the changes 

are significant, the altered fuel additive will be required to have a new registration with the 

EPA, which will result in a new registration number being issued for the altered additive. 
Consequently, since the original additive specification in the TCEQ-issued approval 

notification would no longer be valid, the TCEQ would then have justification to revoke the 

approval of the alternative diesel fuel formulation. The commission made no changes to the 

rules in response to this comment.

 The approved SIP had no specific language addressing revocation. The SIP depended on the 

language in 114.312(a) as the primary compliance mechanism. While the TCEQ’s response to 

EPA’s comment does not explain what would prompt the TCEQ to request copies of the most 

current EPA fuel additive registration letters, this revocation provision is more stringent than the 

approved SIP. 

 

 As a result of these revisions, the biodiesel blends are no longer regulated. Biodiesel is no longer 

considered a fuel additive because it is not intentionally added to diesel fuel for the purpose of 

producing a diesel fuel in compliance with the requirements of Subchapter H (Low Emission Fuels), so 

a biodiesel blend is not considered an alternative fuel formulation. All biodiesel blends must be made 

using a TxLED diesel fuel, so there may be less of an impact from blending biodiesel into diesel fuel to 

meet federal renewable fuel standard obligations. TCEQ believes that the market share of biodiesel 

blends in the affected area is still not large enough to have a significant impact, if any, on the emission 

reductions expected from revising this program. The total projected nitrogen oxides (NOX) emission 

reduction benefit from TxLED in 2018 from all 110 counties currently regulated is estimated to be 

approximately 5.62 tons per day (tpd) from on-road vehicle use and 7.54 tpd from non-road equipment 

use. The estimated NOX emission reduction benefit in 2018 from TxLED marine diesel use in the eightcounty HGB ozone nonattainment area is approximately 0.89 tpd. Past projections of emission 

reductions did not take into account higher NOX from biodiesel blends because of 1) the small portion of 

the market that they comprised, and 2) the required use of a NOX reducing additive with blends higher 

than B-5. So, there is no comparison against the 2018 numbers to determine backsliding. The state will 

be submitting new attainment demonstration SIPs for the Houston-Galveston-Brazoria and Dallas-Fort 

Worth areas in response to the recent designation of these areas to nonattainment under the 2008 ozone 

standard. The state will be held accountable for reducing any increase in emissions that may occur by 

the decision to not regulate biodiesel as an additive in TxLED as the biodiesel blend market increases 

along with the Renewable Fuel Standard obligation. For these reasons, these revisions are approvable. 

(e) This new subsection grandfathers all alternative fuel formulations approved before April 1, 2012. 

This is a reasonable and necessary addition to the section now that the testing program has ended. 

This revision is approvable. 

(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.

§114.316 Monitoring Recordkeeping, and Reporting Requirements. Revisions to this section make 

clarifying changes to the reporting requirements as needed for accuracy and consistency with the 

proposed changes to §§114.313 - 114.315 and 114.318; and specifies the sampling and analysis 

requirements for specific fuel properties for TxLED produced under §§114.312(a), (e), and (f), 

114.313, and 114.318. The following changes are all approvable because they do not relax the 

approved SIP. 

(a) Language is added to this subsection to clarify this section’s applicability. This revision is 

approvable. 

(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) This subsection is rewritten for clarity and to be consistent with the changes made to §§114.312, 

114.313, 114.318. This revision is approvable. 

(b) Each producer or importer of LED [All records relating to low emission diesel (LED) sampling] must keep 

records that declare or demonstrate that each final blend of LED [ contain a statement declaring whether the 

aromatic hydrocarbon content of the sample] conforms to the basic LED standards [standard] as specified in 

§114.312(a) [(b)] of this title [relating to Low Emission Diesel Standards)], to the [a] designatedalternative limits as 

specified in [limit (DAL) in accordance with] § 114.313 of this title [relating to Designated Alternative Limits)], to 

the specifications of a Certified Diesel Fuel Formulation or a diesel fuel [a limit] as accepted under §114.312(c) [(e)] 

of this title, [or whether the diesel fuel conforms] to an alternative diesel fuel formulation as approved under 

§114.312(d) [(f)] of this title, or to an alternative emission reduction plan as approved under§ 114.318 of this title.

(c) This subsection is rewritten for clarity and now incorporates the substance of the deleted 

language from subsections (d) and (e) discussed below. A cross-reference to the deleted test 

methodologies in §114.315(c) has been removed for consistency. New paragraphs (1)-(6) 

specify what parameters must be tested for and how they are to be tested. Paragraphs (7) and (8) 

were part of the approved SIP but were numbered differently. Paragraph (7) is rewritten for 

clarity. Paragraph (8) has minor word changes for the purpose of clarification. 

(c) Each producer or importer of LED [a diesel fuel that conforms to 114.312(a)-(e) of this title] shall collect and 

analyze [sample and test for the aromatic hydrocarbon content and minimum cetane number in each final blend of LED that 

the producer or importer has produced or imported, by collecting and analyzing] 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

(l) - (5) of this subsection [diesel fuel taken using the methodologies specified in 114.315 of this title (relating to Approved 

Test Methods)]. 

 (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§ I14.315(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)(l) 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[for two years from the date of each sampling,] 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 [volume], 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 [aromatic hydrocarbon content and 

minimum cetane number]. 

 (8) All LED [diesel fuel] produced by the producer at its production facilities or imported by the importer 

from its import facilities and not tested [as LED] by the producer or importer as required by this subsection [section] will be 
deemed to exceed the standards specified in §114.312 of this title, unless the producer or importer demonstrates that the LED

[diesel fuel] meets those standards and limits. 

(d) This subsection is a major rewrite. The subject of deleted language (sampling and testing) is 

now covered in 114.316(c) discussed above. The new language addresses the obligation of the 

producer or importer to provide records when the executive director asks for them. This 

language came from previously approved, and now revised subsection (f). This revision is 

approvable. 

(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. [Each producer or importer of diesel fuel that conforms to 114.312(f) of this title shall sample and test for the 

appropriate components of the alternative diesel fuel formulation as listed in the approval notification issued by the executive 

director under 114.315(c) or (d) of this title in each final blend of LED that the producer or importer has produced or 

imported, by collecting and analyzing a representative sample of diesel fuel taken from the final blend, using the 

methodologies specified in 114.315 of this title. If a producer or importer blends the diesel fuel components of the approved 

alternative diesel fuel formulation to produce a final blend of LED directly to pipelines, tank ships, railway tank cars, or 

trucks and trailers, the loading(s) must be sampled and tested for the appropriate components of the alternative diesel fuel 

formulation as approved by the executive director by the producer or importer or authorized contractor at a rate of one sample 

and test per 250,000 gallons of LED produced. The producer or importer shall maintain records showing the sample date, 

identity of blend sampled, container or other vessel sampled, final blend volume and the content of the appropriate fuel 

components for two years from the date of each sampling. All diesel fuel produced by the producer or imported by the 

importer and not tested as LED by the producer or importer as required by this section will be deemed to exceed the 

standards specified in 114.312 of this title, unless the producer or importer demonstrates that the diesel fuel meets those 

standards and limits.] 

(e) This subsection has been completely rewritten. Subsection (e) previously contained sampling 

and testing requirements for diesel fuel formulations containing additive systems. Testing such 

formulations is now covered by the revised subsection (c) discussed above. The deleted 

language is not shown here. Please refer to the state’s proposal for the deletions. Language in 

the new subsection (e) came from previously approved, but now revised subsection (g). This 

requirement has been revised, as shown below for purposes of clarification. This revision is 

approvable. 

(e) [(g)] All parties in the distribution chain (i.e., producers, importers, bulk plants, common carriers, [producer, 

importer, terminals, pipelines, truckers, rail carriers] and retail fuel dispensing outlets) that supply diesel fuel subject 

to the requirements specified in [provisions of] § 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 [following] 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 assigncd 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 [following] 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) Language in this subsection was moved from previously approved, but now deleted subsection 

(i). The submittal revises this language, as shown below. New paragraphs (1)-(3) are crafted from 

some SIP-approved language being deleted in subsection (k). These revisions are approvable. 

(f)[(i)] Each producer or importer of LED subject to subsection (a) of this section [electing to sell, offer for sale, 

supply, or offer to supply LED in accordance with 114.312 of this title] shall provide a quarterly summation report to the 

executive director no later than the 45th day following the end of each [the] 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 [provide], 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: [the information required to be collected by subsections (c) – (e), and (h) of this section and a reconciliation of the 

quarter’s transactions relative to the requirements of subsection (c) –(e), and (h) of this section Updates or revisions to 

estimated transaction volumes required by subsections (c) – (e) of this section must be included in this report.] 

 (l) 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) This subsection contains other SIP-approved language moved from now deleted subsection (j). 

A CARB date is updated. Revisions to this subsection are shown below and are approvable. (g) [(j)] Each producer or importer electing to sell, offer for sale, supply, or offer to supply LED in 

accordance with [under] §114.312(c) [e] of this title shall provide to the executive director, as applicable, a copy of the 

executive order issued by the CARB [California Air Resources Board (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 [January 18], 2005[, and shall comply) with the requirements of subsections (c) and (h) of this section 

using the fuel specifications for aromatic hydrocarbon and cetane set by this executive order or regulations]. 

(h) This subsection is deleted. The record retention and information required is captured in 

subsection (d) and other rewritten subsections of this section. 

(i) This subsection is deleted and some language moved to (f). 

(j) This subsection is deleted and some language moved to (g). 

(k) This subsection is deleted with some of the language incorporated into (f). 

No stringency has been lost in the revision to this section. Language is moved to other subsections 

and/or rewritten to capture the requirements deleted in other sections. These revisions are 

approvable. 

§114.317 Exemptions to Low Emission Diesel Requirements. Revisions make clarifying changes as 

needed for accuracy and consistency with the adopted changes to §114.316 and §114.319. The 

following changes are all approvable because they do not relax the approved SIP. 

(a) Wording is added for clarification. These revisions are approvable. 

(a) Any diesel fuel subject to the low emission diesel (LED) requirements specified in §114.312 of this title (relating 

to Low Emission Diesel Standards) that is either in a research, development, or test status; or is sold to petroleum, 

automobile, engine, or component manufacturers for research, development, or test purposes; or any diesel fuel to be 

used by, or under the control of, petroleum, additive, automobile, engine, or component manufacturers for research, 
development, or test purposes, is exempted from the provisions of this division (relating to Low Emission Diesel), 

provided that: 

 (1) the diesel fuel is kept segregated from non-exempt product, and the person possessing the product 

maintains documentation identifying the product as research, development, or testing fuel, as applicable, and stating that it is 

to be used only for research, development, or testing purposes; and 

 (2) the diesel fuel is not sold, dispensed, or transferred, or offered for sale, dispensing, or transfer from a 

retail fuel dispensing facility. It shall also not be sold, dispensed, or transferred, or offered for sale, dispensing, or transfer 

from a wholesale purchaser-consumer facility, unless such facility is associated with fuel, automotive, or engine research, 

development, or testing. 

(b) Wording is added for clarification. These revisions are approvable. 

(b) Any diesel fuel subject to the LED requirements specified in § 114.312 of this title that is refined, sold, 

dispensed, transferred, or offered for sale, dispensing, or trru1sfer as competition racing fuel is exempted from the 

provisions of this division, provided that: 

 (1) the fuel is kept segregated from non-exempt fuel, and the party possessing the fuel for the purposes of 

refining, selling, dispensing, transferring, or offering for sale, dispensing, or transfer as competition racing fuel 

maintains documentation identifying the product as racing fuel, restricted for non-highway use in competition racing 

motor vehicles or engines; 

 (2) each pump stand at a regulated facility, from which the fuel is dispensed, is labeled with the applicable 

fuel identification and use restrictions described in paragraph (1) of this subsection; and 

 (3) the fuel is not sold, dispensed, transferred, or offered for sale, dispensing, or transfer for highway use in 

a motor vehicle. 

(c) An internal citation is updated to reflect renumbering in other sections. These revisions are 

approvable. 

(c) The owner or operator of a retail fuel dispensing outlet is exempt from all requirements of § 114.316 of this title 

(relating to Monitoring, Recordkeeping, and Reporting Requirements) except §l14.316(e) [§114.316(g)] of this title. 

(d) Reworded for clarification. The revisions delete paragraphs (1) and (2) and incorporate the 

substance of these paragraphs in subsection (d). These revisions are approvable. 

(d) Diesel fuel that does not meet the LED requirements of §114.312 of this title [(relating to Low Emission Diesel 

Standard)] is not prohibited from being transferred, placed, stored, and/or held within the affected counties so long as it is not 

ultimately used[:] 

 [(1)] to power a diesel fueled compression-ignition internal combustion engine operating in a motor vehicle 

or in non-road equipment in the counties listed in § 114.319 of this title (relating to Affected Counties and Compliance 

Dates), except for that used in conjunction with purposes stated in Subsections (a) and (b) of this section . [; or] 

 [(2) to power a diesel fueled compression-ignition engine in non-road equipment in the counties listed in 

114.319(b) of this title, except for that used in conjunction with purposes stated in subsections (a) and (b) of this section.] 

§114.318 Alternative Emission Reduction Plan. This section is revised to remove the provisions 

pertaining to the calculation and use of early gasoline sulfur reduction credits as a methodology 

option for alternative emission reduction plan (AERP) compliance; requires AERPs that use the 

Unified Model to calculate compliance based on the average fuel properties determined each 

calendar quarter instead of yearly as currently required; and allows producers to calculate the 

average fuel properties used in the Unified Model based on the fuel properties of diesel sold or 

supplied for use in all affected counties instead of specific groups of counties as currently required. 

The following changes are all approvable because they do not relax the approved SIP. 

(a) Wording is added for clarification. These revisions are approvable. 

(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 only AERP now allowed is the use of EPA’s Unified Model to refine an alternative 

formulation. This alternative is a more straight forward substitution than the on-road and non-
road emission reduction projects that were previously allowed under this section.. 

Demonstrating compliance with this method must be done once per quarter rather than annually. 

It stipulates that the fuel must meet emission reduction levels specific for on-road vehicles and 

non-road equipment. All of paragraphs (b)(1-4) and their subparagraphs are deleted. This is 

approvable because these methods of compliance are no longer used or allowed, which makes 

this section more stringent. The deleted paragraphs are not shown here. Please refer to the state’s 

proposal for the deleted portions. These revisions are approvable. 

(b) The [An] 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-O1-OO1, published July 2001, that the average fuel 

properties of all on-road [emission reductions associated with compliance of this division (relating to Low Emission Diesel) 

that are attributable to the volume of] 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 [to] the affected counties listed in §114.319 [under §114.319(b)] of 

this title (relating to Affected Counties and Compliance Dates) achieve at least a 5.5% reduction in nitrogen oxides (NOXX) 

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. [each year will be achieved through an equivalent substitute

fuel strategy in accordance with either one or a combination of the following procedures.] 

(c) This subsection is deleted because it pertains to compliance dates that have already passed and is 

no longer applicable. This revision is approvable. 

(d) This is renumbered as subsection (c). No other change. This revision is approvable. 

(c) [(d) ] 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. 

(e) This is renumbered as subsection (d). No other change. This revision is approvable. 

(d) [(e)] The executive director shall approve or disapprove altemative emission reduction plans that have been 

submitted by producers in accordance with subsection (b) of this section within 45 days of submittal. 

(f) This is renumbered as subsection (e). A few minor word changes made for clarity and 

consistency. This revision is approvable. 

(e) [(f)] 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 [in accordance with] subsection (b) of this section [ (1) or (2) of this section and, as appropriate, the 

sulfur properties and volumes of the gasoline that is being used to generate credit in accordance with subsection (b)(3) or (4) 

of this section]. 

 

§114.319 Affected Counties and Compliance Dates. The revision removes expired compliance 

schedules in subsection (c). New substance is added to subsection (d) to clarify that if the final 

compliance date of any provision in the section is before the adoption of the current revision to the 

section and the compliance dates are not specified in the current revision, then the compliance date is 

past and all affected persons must be and remain in compliance with the provision as of the original 

compliance date.Other clarifying changes are made as needed for accuracy and consistency within 

the section. 

 The following changes are all approvable because they do not relax the approved SIP. 

(a) Some wording added for clarification. This revision is approvable. 

(a) All affected [Affected] persons in the counties listed in subsection (b) of this section shall continue to comply

with [be in compliance in accordance with the schedule listed in section (c) of this section with] §§114,312- 114.317 

of this title (relating to Low Emission Diesel Standards; Designated Alternate Limits; Registration of Diesel 

Producers and Importers; Approved Test Methods; Monitoring, Recordkeeping, and Reporting Requirements; and 

Exemptions to Low Emission Diesel Requirements) as required by subsection (d) of this section, as applicable, for 

any diesel fuel as defined in §ll4.6(6)(a) [under §114.6(7)(A)] of this title (relating to Low Emission Fuel 
Definitions) that may ultimately be used to power a diesel-fueled compression-ignition internal combustion engine 

in a motor vehicle or in non-road equipment in any of the counties listed in subsection (b) of this section. 

(b) Wording added for clarification. The 110 county names in (b)(1)-(4) have not changed and are 

not shown here. Please refer to the state’s proposal for the full list of counties. This revision is 

approvable. 

(b) The [following] counties specified in paragraphs (1)- (4) of this subsection are subject to subsection (a) of this 

section: 

(c) The revisions delete the compliance schedules in subsection (c) because the compliance dates 

have already passed and are no longer applicable. Revised subsection (c) applies the provisions 

of this rule to marine vessels, as previously required under subsection (d). The deletions of this 

subsection are not shown here. Please refer to the state’s proposal for the deleted portions. These 

revisions are approvable. 

(c) All affected [Affected] persons in the counties listed in subsection (b) of this section shall continue to comply 

with §§114.312-114.317 of this title as required by subsection (d) of this section, as applicable, for any diesel fuel as defined 

in §114.6(6)(B) of this title that may ultimately be used to power a diesel-fueled compression-ignition internal combustion 

engine located on a marine vessel in any of the counties listed in subsection (b)(2) of this section. [subject to subsection (a) of 

this section shall be in compliance with this division according to the following schedule:] 

(d) This paragraph is completely rewritten. The substance of deleted language is now covered in 

114.319(c) discussed above. The revised subsection describes what constitutes a compliance date 

where none is given in a specific section. (d) For all counties affected by this section, the final compliance dates for control requirements are given 

within the subsections relating to counties and compliance schedules for provisions specified in this division if the final 

compliance date of any provision is after the date of adoption of the current revision to this division. If the compliance dates 

are not specified for any provision, the compliance date is past and all affected persons must be and remain in compliance 

with the provision as of the original compliance date. [Affected persons in the counties listed in subsection (b) of this section 

shall be in compliance in accordance with the schedule listed in paragraph (1), (2), or (3) of this subsection with sections 

114.312-114.317 of this title, as applicable, for any diesel as defined under 114.67(B) of this title, that may ultimately be used 

to power a diesel-fueled compression-ignition engine located on a marine vessel in any of the counties listed in subsection 

(b)(2) of this section:]