Section 114.6 - Low Emission Fuel DefinitionsUnless 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 words and terms specified in this section, when used in Subchapter H of this chapter (relating to Low Emission Fuels), have the meanings as defined in this section, unless the context clearly indicates otherwise.
(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 that is: (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) exempted from the EPA registration requirements in accordance with 40 CFR Part 79.(2) Barrel--A unit of measure equal to 42 United States gallons.(3) Bulk plant--An intermediate gasoline or diesel 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.(4) Bulk purchaser/consumer--A person who purchases or otherwise obtains gasoline or diesel fuel in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person.(5) 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) Diesel fuel--Any middle distillate fuel used in compression-ignition internal combustion engines that is commonly or commercially known, sold, or represented as: (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); or(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.(7) Final blend--A distinct quantity of diesel fuel that is introduced into commerce as low emission diesel fuel (LED), without further process.(8) Further process--To perform any alteration to diesel fuel, including distillation, treating with hydrogen, blending, or addition of an additive, for the purpose of producing a diesel fuel in compliance with the requirements of Subchapter H, Division 2 of this chapter prior to the diesel fuel being introduced into commerce as LED.(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 (Standard Specification for Automotive Spark-Ignition Engine Fuel).(10) Import--The process by which gasoline or diesel 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.(11) Import facility--The stationary gasoline or diesel fuel transfer point wherein the importer takes delivery of imported gasoline or diesel fuel and from which imported gasoline or diesel 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.(12) Importer--Any person, except a person acting as a common carrier, who imports gasoline or diesel fuel.(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).(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, § 502.040, excluding vehicles registered under Texas Transportation Code, § 502.140.(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.(16) Produce--Perform the process to convert liquid compounds into gasoline or diesel fuel or to further process diesel fuel to create a final blend of LED.(17) Producer--Any person who owns, leases, operates, controls, or supervises a production facility that produces gasoline or diesel fuel.(18) Production facility--Any facility where gasoline or diesel fuel is produced or that manufactures liquid fuels by distilling petroleum.(19) Retail fuel dispensing outlet--Any establishment where 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.(20) Supply--To provide or transfer gasoline or diesel fuel to a physically separate facility, vehicle, or transportation system.30 Tex. Admin. Code § 114.6
The provisions of this §114.6 adopted to be effective May 11, 2000, 25 TexReg 4030; amended to be effective January 18, 2001, 26 TexReg 328; amended to be effective March 31, 2005, 30 TexReg 1773; amended to be effective May 17, 2006, 31 TexReg 3881; amended to be effective June 14, 2007, 32 TexReg 3173; amended to be effective September 13, 2012, 37 TexReg 7181