(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 this subsection.
  (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