(a) The following uses are exempt from §§114.301,
114.305, and 114.306 of this title (relating to Control Requirements
for Reid Vapor Pressure; Approved Test Methods; and Recordkeeping
Requirements):
(1) any stationary tank, reservoir, or other container:
(A) used exclusively for the fueling of implements
of agriculture; or
(B) with a nominal capacity of 500 gallons (1,893 liters)
or less; and
(2) all gasoline solely intended for use as aviation
gasoline ("av-gas").
(b) Any gasoline that is either in a research, development,
or test status; or is sold to petroleum, automobile, engine, or component
manufacturers for research, development, or test purposes; or any
gasoline to be used by, or under the control of petroleum, additive,
automobile, engine, component manufacturers for research, development,
or test purposes; or any independent research laboratories or academic
institutions for use in research, development, or testing of petroleum,
additive, automobile, engine, component products, is exempt from the
provisions of this division (relating to Gasoline Volatility), provided
that:
(1) the gasoline is kept segregated from non-exempt
product, and the person possessing the product maintains documentation
identifying the product as research, development, or testing fuel,
as applicable, and stating that it is to be used only for research,
development, or testing purposes; and
(2) the gasoline is not sold, dispensed, or transferred,
or offered for sale, dispensing, or transfer from a retail fuel dispensing
facility. It shall also not be sold, dispensed, or transferred, or
offered for sale, dispensing, or transfer from a wholesale purchaser-consumer
facility, unless such facility is associated with fuel, automotive,
or engine research, development, or testing.
(c) Any gasoline that is refined, sold, dispensed,
transferred, or offered for sale, dispensing, or transfer as competition
racing fuel is exempted from the provisions of this division, provided
that:
(1) the fuel is kept segregated from non-exempt fuel,
and the party possessing the fuel for the purposes of refining, selling,
dispensing, transferring, or offering for sale, dispensing, or transfer
as competition racing fuel maintains documentation identifying the
product as racing fuel, restricted for non-highway use in competition
racing motor vehicles or engines;
(2) each pump stand at a regulated facility, from which
the fuel is dispensed, is labeled with the applicable fuel identification
and use restrictions described in paragraph (1) of this subsection;
and
(3) the fuel is not sold, dispensed, transferred, or
offered for sale, dispensing, or transfer for highway use in a motor
vehicle.
(d) The owner or operator of a retail fuel dispensing
outlet is exempt from all requirements of §114.306 of this title,
except §114.306(b) of this title.
(e) Gasoline that does not meet the requirements of §114.301
of this title is not prohibited from being transferred, placed, stored,
and/or held within the affected counties so long as it is not ultimately
used to power:
(1) a gasoline-powered spark-ignition engine in a motor
vehicle in the counties listed in §114.309 of this title (relating
to Affected Counties), except for that used in conjunction with purposes
stated in subsections (a) - (c) of this section; or
(2) a gasoline-powered spark-ignition engine in non-road
equipment in the counties listed in §114.309 of this title, except
for that used in conjunction with purposes stated in subsections (a)
- (c) of this section.
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