Section 114.318 - Alternative Emission Reduction Plan(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 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-01-001, published July 2001, that the average fuel properties of all on-road 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 the affected counties listed in § 114.319 of this title (relating to Affected Counties and Compliance Dates) achieve at least a 5.5% reduction in nitrogen oxides (NOX) 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.(c) 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.(d) The executive director shall approve or disapprove alternative emission reduction plans that have been submitted by producers in accordance with subsection (b) of this section within 45 days of submittal.(e) 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 subsection (b) of this section.30 Tex. Admin. Code § 114.318
The provisions of this §114.318 adopted to be effective October 18, 2001, 26 TexReg 8096; amended to be effective March 31, 2005, 30 TexReg 1773; amended to be effective May 17, 2006, 31 TexReg 3881; amended to be effective May 31, 2007, 32 TexReg 2865; amended to be effective September 13, 2012, 37 TexReg 7181