42 U.S.C. § 7623 — Repealed. Pub. L. 96–300, § 1(c), July 2,

Page 7406 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7623 1 So in original. (3) assisted or participated or is about to as- sist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this chapter. (b) Complaint charging unlawful discharge or discrimination; investigation; order (1) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, within thirty days after such violation occurs, file (or have any person file on his be- half) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the ‘‘Secretary’’) alleging such discharge or dis- crimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. (2)(A) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an in- vestigation of the violation alleged in the com- plaint. Within thirty days of the receipt of such complaint, the Secretary shall complete such in- vestigation and shall notify in writing the com- plainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation con- ducted pursuant to this subparagraph. Within ninety days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Sec- retary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by subparagraph (B) or de- nying the complaint. An order of the Secretary shall be made on the record after notice and op- portunity for public hearing. The Secretary may not enter into a settlement terminating a pro- ceeding on a complaint without the participa- tion and consent of the complainant. (B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Sec- retary shall order the person who committed such violation to (i) take affirmative action to abate the violation, and (ii) reinstate the com- plainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the Secretary may order such person to pro- vide compensatory damages to the complainant. If an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including at- torneys’ and expert witness fees) reasonably in- curred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. (c) Review (1) Any person adversely affected or aggrieved by an order issued under subsection (b) may ob- tain review of the order in the United States court of appeals for the circuit in which the vio- lation, with respect to which the order was issued, allegedly occurred. The petition for re- view must be filed within sixty days from the issuance of the Secretary’s order. Review shall conform to chapter 7 of title 5. The commence- ment of proceedings under this subparagraph 1 shall not, unless ordered by the court, operate as a stay of the Secretary’s order. (2) An order of the Secretary with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial re- view in any criminal or other civil proceeding. (d) Enforcement of order by Secretary Whenever a person has failed to comply with an order issued under subsection (b)(2), the Sec- retary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages. (e) Enforcement of order by person on whose be- half order was issued (1) Any person on whose behalf an order was issued under paragraph (2) of subsection (b) may commence a civil action against the person to whom such order was issued to require compli- ance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. (2) The court, in issuing any final order under this subsection, may award costs of litigation (including reasonable attorney and expert wit- ness fees) to any party whenever the court de- termines such award is appropriate. (f) Mandamus Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus pro- ceeding brought under section 1361 of title 28. (g) Deliberate violation by employee Subsection (a) shall not apply with respect to any employee who, acting without direction from his employer (or the employer’s agent), de- liberately causes a violation of any requirement of this chapter. (July 14, 1955, ch. 360, title III, § 322, as added Pub. L. 95–95, title III, § 312, Aug. 7, 1977, 91 Stat. 783.) 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. § 7623. Repealed. Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831 Section, act July 14, 1955, ch. 360, title III, § 323, as added Aug. 7, 1977, Pub. L. 95–95, title III, § 313, 91 Stat. 785; amended Nov. 16, 1977, Pub. L. 95–190, § 14(a)(81), 91 Stat. 1404; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980; July 2, 1980, Pub. L. 96–300, § 1(a), 94 Stat. 831, es- tablished a National Commission on Air Quality, pre- scribed numerous subjects for study and report to Con- gress, enumerated specific questions for study and in- 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—