Current through Reg. 50, No. 13; March 28, 2025
(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.
