42 U.S.C. § 7625 — Vapor recovery for small business market-

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 L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831, provided that this section is repealed on date on which National Commission on Air Quality ceases to exist pursuant to provisions of former subsec.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 and installation of such vapor recovery shall be borne by the owner of such outlet (as determined under such regula- tions). Except as provided in subsection (b), such regulations shall provide that no lease of a re- tail outlet by the owner thereof which is entered into or renewed after August 7, 1977, may pro- vide 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 in- creases 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 re- tail outlet to provide for payment by the lessee of the cost of procurement and installation of vapor recovery equipment over a reasonable pe- riod (as determined in accordance with such reg- ulations), if the owner of such outlet does not sell, trade in, or otherwise dispense any product at wholesale or retail at such outlet. (July 14, 1955, ch. 360, title III, § 323, formerly § 324, as added Pub. L. 95–95, title III, § 314(a), Aug. 7, 1977, 91 Stat. 788; amended Pub. L. 95–190, § 14(a)(82), Nov. 16, 1977, 91 Stat. 1404; renumbered § 323 and amended Pub. L. 96–300, § 1(b), (c), July 2, 1980, 94 Stat. 831.) Editorial Notes PRIOR PROVISIONS A prior section 323 of act July 14, 1955, was classified to section 7623 of this title prior to repeal by Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831. AMENDMENTS 1980—Pub. L. 96–300, § 1(b), which directed that last sentence of this section be struck out was probably in- tended to strike sentence purportedly added by Pub. L. 95–190. See 1977 Amendment note below and section 7623(i) of this title. 1977—Pub. L. 95–190 which purported to amend subsec. (j) of this section by inserting ‘‘The Commission may appoint and fix the pay of such staff as it deems nec- essary.’’ after ‘‘(j)’’ was not executed to this section be- cause it did not contain a subsec. (j). See 1980 Amend- ment note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7625. Vapor recovery for small business market- ers of petroleum products (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 busi- ness 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 pro- vide, with respect to independent small business marketers of gasoline, for a three-year phase-in period for the installation of such vapor recov- ery 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 mar- keters of gasoline having monthly sales of less than 50,000 gallons, any vapor recovery require- ments for mobile source fuels at retail outlets. Any vapor recovery requirement which is adopt- ed by a State and submitted to the Adminis- trator 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 installa- tion of vapor recovery equipment under section 7624 1 of this title or under regulations of the Ad- ministrator, unless such person— Page 7408 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7625–1 2 So in original. The word ‘‘or’’ probably should appear at the end of subpar. (B). 1 So in original. Probably should be capitalized. 2 So in original. Probably should refer to part D of subchapter I. (1)(A) is a refiner, or 2 (B) controls, is controlled by, or is under common control with, a refiner, (C) is otherwise directly or indirectly affili- ated (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, serv- ice 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 gaso- line. For the purpose of this section, the term ‘‘re- finer’’ shall not include any refiner whose total refinery capacity (including the refinery capac- ity 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 pur- poses of this section, ‘‘control’’ of a corporation means ownership of more than 50 percent of its stock. (July 14, 1955, ch. 360, title III, § 324, formerly § 325, as added Pub. L. 95–95, title III, § 314(b), Aug. 7, 1977, 91 Stat. 789; renumbered § 324, Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831.) Editorial Notes REFERENCES IN TEXT Section 7624 of this title, referred to in subsec. (c), was in the original ‘‘section 324 of this Act’’, meaning section 324 of the Act July 14, 1955. Sections 324 and 325 of that Act, were renumbered sections 323 and 324, re- spectively, by Pub. L. 96–300, § 1(b), July 2, 1980, 94 Stat. 831, and are classified to sections 7624 and 7625, respec- tively, of this title. PRIOR PROVISIONS A prior section 324 of act July 14, 1955, was renum- bered section 323 by Pub. L. 96–300 and is classified to section 7624 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7625–1. Exemptions for certain territories (a)(1) Upon petition by the governor 1 of Guam, American Samoa, the Virgin Islands, or the Commonwealth of the Northern Mariana Is- lands, the Administrator is authorized to ex- empt 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 or any requirement under section 7410 of this title or part D 2 necessary to attain or maintain a national primary ambient air qual- ity standard. Such exemption may be granted if the Administrator finds that compliance with such requirement is not feasible or is unreason- able 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 consid- ered in accordance with section 7607(d) of this title and any exemption under this subsection shall be considered final action by the Adminis- trator for the purposes of section 7607(b) of this title. (2) The Administrator shall promptly notify the Committees on Energy and Commerce and on Natural Resources of the House of Represent- atives and the Committees on Environment and Public Works and on Energy and Natural Re- sources of the Senate upon receipt of any peti- tion under this subsection and of the approval or rejection of such petition and the basis for such action. (b) Notwithstanding any other provision of this chapter, any fossil fuel fired steam electric power plant operating within Guam as of De- cember 8, 1983, is hereby exempted from: (1) any requirement of the new source per- formance standards relating to sulfur dioxide promulgated under section 7411 of this title as of December 8, 1983; and (2) any regulation relating to sulfur dioxide standards or limitations contained in a State implementation plan approved under section 7410 of this title as of December 8, 1983: Pro- vided, That such exemption shall expire eight- een months after December 8, 1983, unless the Administrator determines that such plant is making all emissions reductions practicable to prevent exceedances of the national ambient air quality standards for sulfur dioxide. (July 14, 1955, ch. 360, title III, § 325, as added Pub. L. 98–213, § 11, Dec. 8, 1983, 97 Stat. 1461; amended Pub. L. 101–549, title VIII, § 806, Nov. 15, 1990, 104 Stat. 2689; Pub. L. 103–437, § 15(s), Nov. 2, 1994, 108 Stat. 4594.) Editorial Notes PRIOR PROVISIONS A prior section 325 of act July 14, 1955, was renum- bered section 326 by Pub. L. 98–213 and is classified to section 7625a of this title. Another prior section 325 of act July 14, 1955, was re- numbered section 324 by Pub. L. 96–300 and is classified to section 7625 of this title. AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–437 substituted ‘‘Nat- ural Resources’’ for ‘‘Interior and Insular Affairs’’ be- fore ‘‘of the House’’. 1990—Subsec. (a)(1). Pub. L. 101–549, which directed the insertion of ‘‘the Virgin Islands,’’ after ‘‘American Samoa,’’ in ‘‘[s]ection 324(a)(1) of the Clean Air Act (42 U.S.C. 7625–1(a)(1))’’, was executed by making the inser- tion in subsec. (a)(1) of this section to reflect the prob- able intent of Congress. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of