|(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 the low emission
diesel fuel (LED) standards specified in paragraphs (1) and (2) of
(1) The maximum aromatic hydrocarbon content of LED
is 10% by volume per gallon.
(2) The minimum cetane number for LED is 48.
(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.
(c) 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 for compliance
with California diesel fuel regulations that were in effect as of
August 4, 2005, 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 that were in effect as of 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) Alternative diesel fuel formulations that have
been approved by the executive director as prescribed in §114.315(c)
of this title (relating to Approved Test Methods) may be used to satisfy
the requirements of subsection (a) of this section.
|Source Note: The provisions of this §114.312 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 September 13, 2012, 37 TexReg 7181