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 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);
(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
(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
(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
(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
(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
(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
|Source Note: 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