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42 U.S.C. § 7625 — Vapor recovery for small business marketers of petroleum products
Federal law — U.S. Code and appendices · legal_authorities
**(a) Marketers of gasoline** The regulations under this chapter applicable to vapor recovery from fueling of motor vehicles at retail outlets of gasoline shall not apply to any outlet owned by an independent small business marketer of gasoline having monthly sales of less than 50,000 gallons. In the case of any other outlet owned by an independent small business marketer, such regulations shall provide, with respect to independent small business marketers of gasoline, for a three-year phase-in period for the installation of such vapor recovery equipment at such outlets under which such marketers shall have—
(1) 33 percent of such outlets in compliance at the end of the first year during which such regulations apply to such marketers,
(2) 66 percent at the end of such second year, and
(3) 100 percent at the end of the third year.
**(b) State requirements** Nothing in subsection (a) shall be construed to prohibit any State from adopting or enforcing, with respect to independent small business marketers of gasoline having monthly sales of less than 50,000 gallons, any vapor recovery requirements for mobile source fuels at retail outlets. Any vapor recovery requirement which is adopted by a State and submitted to the Administrator as part of its implementation plan may be approved and enforced by the Administrator as part of the applicable implementation plan for that State.
**(c) Refiners** For purposes of this section, an independent small business marketer of gasoline is a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under section 7624 11 See References in Text note below. of this title or under regulations of the Administrator, unless such person—
(1)
(A) is a refiner, or
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Source file: Laws/federal/codes/united-states-code/title-42/section-7625-vapor-recovery-for-small-business-marketers-of-petroleum-products--05f72d0526.md
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Source location: Title 42, Chapter 85, § 7625; chapter-085-air-pollution-prevention-and-control.md
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**(a) Marketers of gasoline** The regulations under this chapter applicable to vapor recovery from fueling of motor vehicles at retail outlets of gasoline shall not apply to any outlet owned by an independent small business marketer of gasoline having monthly sales of less than 50,000 gallons. In the case of any other outlet owned by an independent small business marketer, such regulations shall provide, with respect to independent small business marketers of gasoline, for a three-year phase-in period for the installation of such vapor recovery equipment at such outlets under which such marketers shall have—
(1) 33 percent of such outlets in compliance at the end of the first year during which such regulations apply to such marketers,
(2) 66 percent at the end of such second year, and
(3) 100 percent at the end of the third year.
**(b) State requirements** Nothing in subsection (a) shall be construed to prohibit any State from adopting or enforcing, with respect to independent small business marketers of gasoline having monthly sales of less than 50,000 gallons, any vapor recovery requirements for mobile source fuels at retail outlets. Any vapor recovery requirement which is adopted by a State and submitted to the Administrator as part of its implementation plan may be approved and enforced by the Administrator as part of the applicable implementation plan for that State.
**(c) Refiners** For purposes of this section, an independent small business marketer of gasoline is a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under section 7624 11 See References in Text note below. of this title or under regulations of the Administrator, unless such person—
(1)
(A) is a refiner, or 22 So in original. The word “or” probably should appear at the end of subpar. (B).
(B) controls, is controlled by, or is under common control with, a refiner,
(C) is otherwise directly or indirectly affiliated (as determined under the regulations of the Administrator) with a refiner or with a person who controls, is controlled by, or is under a common control with a refiner (unless the sole affiliation referred to herein is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person), or
(2) receives less than 50 percent of his annual income from refining or marketing of gasoline.
For the purpose of this section, the term “refiner” shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) does not exceed 65,000 barrels per day. For purposes of this section, “control” of a corporation means ownership of more than 50 percent of its stock.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Costs to be borne by owner of retail outlet** The regulations under this chapter applicable to vapor recovery with respect to mobile source fuels at retail outlets of such fuels shall provide that the cost of procurement and installation of such vapor recovery shall be borne by the owner of such outlet (as determined under such regulations). Except as provided in subsection (b), such regulations shall provide that no lease of a retail outlet by the owner thereof which is entered into or renewed after August 7, 1977, may provide for a payment by the lessee of the cost of procurement and installation of vapor recovery equipment. Such regulations shall also provide that the cost of procurement and installation of vapor recovery equipment may be recovered by the owner of such outlet by means of price increases in the cost of any product sold by such owner, notwithstanding any provision of law.
**(b) Payment by lessee** The regulations of the Administrator referred to in subsection (a) shall permit a lease of a retail outlet to provide for payment by the lessee of the cost of procurement and installation of vapor recovery equipment over a reasonable period (as determined in accordance with such regulations), if the owner of such outlet does not sell, trade in, or otherwise dispense any product at wholesale or retail at such outlet.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7624
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Upon petition by the governor 11 So in original. Probably should be capitalized. of Guam, American Samoa, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the Administrator is authorized to exempt any person or source or class of persons or sources in such territory from any requirement under this chapter other than [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim) or any requirement under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) or part D 22 So in original. Probably should refer to part D of subchapter I. necessary to attain or maintain a national primary ambient air quality standard. Such exemption may be granted if the Administrator finds that compliance with such requirement is not feasible or is unreasonable due to unique geographical, meteorological, or economic factors of such territory, or such other local factors as the Administrator deems significant. Any such petition shall be considered in accordance with [section 7607(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7607/d&num=0&edition=prelim) and any exemption under this subsection shall be considered final action by the Administrator for the purposes of [section 7607(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7607/b&num=0&edition=prelim).
(2) The Administrator shall promptly notify the Committees on Energy and Commerce and on Natural Resources of the House of Representatives and the Committees on Environment and Public Works and on Energy and Natural Resources of the Senate upon receipt of any petition
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7625–1
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Federal law — U.S. Code and appendices · legal_authorities
Page 7407
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7625
1 See References in Text note below.
vestigation, required specific identification of loss or
irretrievable commitment of resources, and provided
for appointment and confirmation of its membership,
cooperation of Federal executive agencies, submission
of a National Academy of Sciences study to Congress,
compensation and travel expenses, termination of Com-
mission, appointment and compensation of staff, and
public participation.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831, provided
that this section is repealed on date on which National
Commission on Air Quality ceases to exist pursuant to
provisions of former subsec. (g) of this section, which
provided that not later than Mar. 1, 1981, a report be
submitted containing results of all Commission studies
and investigations and that Commission cease to exist
on Mar. 1, 1981, if report is not submitted on Mar. 1,
1981, or Commission would cease to exist on such date,
but not later than May 1, 1981, as determined and or-
dered by Commission if report is submitted on Mar. 1,
1981.
NATIONAL COMMISSION ON AIR QUALITY; EXTENSION
PROHIBITION
Pub. L. 96–300, § 1(d), July 2, 1980, 94 Stat. 831, provided
that nothing in any other authority of law shall be con-
strued to authorize or permit the extension of the Na-
tional Commission on Air Quality pursuant to any Ex-
ecutive order or other Executive or agency action.
§ 7624. Cost of vapor recovery equipment
(a) Costs to be borne by owner of retail outlet
The regulations under this chapter applicable
to vapor recovery with respect to mobile source
fuels at retail outlets of such fuels shall provide
that the cost of procurement an
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7625
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