30 Tex. Admin. Code § 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.
Notes
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