Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 114 - CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES › Subchapter H - LOW EMISSION FUELS › Division 2 - LOW EMISSION DIESEL › Section 114.316 - Monitoring, Recordkeeping, and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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.