| (a) Any diesel fuel subject to the low emission diesel
(LED) requirements specified in §114.312 of this title (relating
to Low Emission Diesel Standards) 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
diesel fuel to be used by, or under the control of, petroleum, additive,
automobile, engine, or component manufacturers for research, development,
or test purposes, is exempted from the provisions of this division
(relating to Low Emission Diesel), provided that:
(1) the diesel fuel 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 diesel fuel 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.
(b) Any diesel fuel subject to the LED requirements
specified in §114.312 of this title 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.
(c) The owner or operator of a retail fuel dispensing
outlet is exempt from all requirements of §114.316 of this title
(relating to Monitoring, Recordkeeping, and Reporting Requirements)
except §114.316(e) of this title.
(d) Diesel fuel that does not meet the LED requirements
of §114.312 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 a diesel fueled compression-ignition
internal combustion engine operating in a motor vehicle or in non-road
equipment in the counties listed in §114.319 of this title (relating
to Affected Counties and Compliance Dates), except for that used in
conjunction with purposes stated in subsections (a) and (b) of this
section.
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