Section 114.307 - Exemptions(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.30 Tex. Admin. Code § 114.307
The provisions of this §114.307 adopted to be effective July 21, 1999, 24 TexReg 5487; amended to be effective April 27, 2000, 25 TexReg 3535; amended to be effective October 4, 2001, 26 TexReg 7565; amended by Texas Register, Volume 39, Number 39, September 26, 2014, TexReg7744, eff. 10/2/2014