Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, the following words and terms, when used in Subchapter H of this chapter (relating to Low Emission Fuels), shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Additive--Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to gasoline or diesel fuel, including any added to a motor vehicle fuel system, and that is not intentionally removed prior to sale or use and that is approved by and registered with the EPA in accordance with 40 Code of Federal Regulations 79.
2. (2) Barrel--A unit of measure equal to 42 United States gallons.
3. (3) Bulk plant--An intermediate motor vehicle distribution facility where delivery of motor vehicle fuel to and from the facility is solely by truck.
4. (4) Bulk purchaser/consumer--A person who purchases or otherwise obtains motor vehicle fuel in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person.
5. (5) Designated alternative limit (DAL)--An alternative specification limit for a specific fuel standard, which is assigned by a producer or importer to a final blend of low emission diesel fuel (LED) in accordance with §114.313 of this title (relating to Designated Alternative Limits).
6. (6) Diesel fuel--Any fuel that is commonly or commercially known, sold, or represented as diesel fuel Number 1-D or Number 2-D, in accordance with the American Society for Testing and Materials (ASTM) Test Method D975-98b (Standard Specification for Diesel Fuel Oils), dated 1998.
7. (7) Final blend--A distinct quantity of LED which is introduced into commerce without further alteration which would tend to affect a regulated LED specification of the fuel.
8. (8) Further process--To perform any activity on motor vehicle fuel, including distillation, treating with hydrogen, or blending, for the purpose of bringing the motor vehicle fuel into compliance with the requirements of Subchapter H of this chapter.
9. (9) Gasoline--Any fuel that is commonly or commercially known, sold, or represented as gasoline, in accordance with ASTM Test Method D4814-99 (Standard Specification for Automotive Spark-Ignition Engine Fuel), dated 1999.
10. (10) Imported--The process by which motor fuel is transported into counties listed in §114.319 of this title (relating to Affected Counties and Compliance Dates) via tank ship, rail car, tank truck, or trailer.
11. (11) Import facility--The stationary motor vehicle fuel transfer point from which fuel is transferred into the cargo tank truck, pipeline, or other delivery vessel from which the fuel will be delivered to the retail fuel dispensing facility, at which the fuel will be dispensed into motor vehicles.
12. (12) Importer--Any person who transports, stores, or causes the transportation or storage of motor vehicle fuel, produced by another person, at any point between any producer's facility and any retail fuel dispensing outlet or bulk purchaser/consumer's facility.

13. (13) Low emission diesel (LED)--Any diesel fuel:

    1. (A) sold, intended for sale, or made available for sale which may ultimately be used to power a diesel fueled compression-ignition engine in the counties listed in §114.319 of this title;
    2. (B) that the producer knows, or reasonably should know, may ultimately be used to power a diesel fueled compression-ignition engine in counties listed in §114.319 of this title; and
    3. (C) complies with the standards specified in §114.312 of this title (relating to Low Emission Diesel Standards).
14. (14) Motor vehicle fuel--Any gasoline or diesel fuel used to power gasoline fueled spark-ignition or diesel fueled compression-ignition engines.
15. (15) Produce--Perform the process to convert liquid compounds which are not motor vehicle fuel into motor vehicle fuel, except where a person supplies motor vehicle fuel to a refiner who agrees in writing to further process the motor vehicle fuel at the refiner's refinery and to be treated as a producer of the motor vehicle fuel, only the refiner shall be deemed for all purposes under Subchapter H of this chapter to be the producer of the motor vehicle fuel.
16. (16) Producer--Any person who owns, leases, operates, controls, or supervises a production facility and/or produces motor vehicle fuel.
17. (17) Production facility--A facility at which motor vehicle fuel is produced.
18. (18) Refiner--Any person who owns, leases, operates, controls, or supervises a refinery.
19. (19) Refinery--A facility that manufactures liquid fuels by distilling petroleum.
20. (20) Retail fuel dispensing outlet--Any establishment at which gasoline and/or diesel fuel is sold or offered for sale for use in motor vehicles, and the fuel is directly dispensed into the fuel tanks of the motor vehicles using the fuel.
21. (21) Supply--To provide or transfer fuel to a physically separate facility, vehicle, or transportation system.

Source Note:The provisions of this §114.6 adopted to be effective May 11, 2000, 25 TexReg 4030.