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); 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.