
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7624]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 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 regulations). Except as provided in subsection (b) of this section, 
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) 
of this section 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.

(July 14, 1955, ch. 360, title III, Sec. 323, formerly Sec. 324, as 
added Pub. L. 95-95, title III, Sec. 314(a), Aug. 7, 1977, 91 Stat. 788; 
amended Pub. L. 95-190, Sec. 14(a)(82), Nov. 16, 1977, 91 Stat. 1404; 
renumbered Sec. 323 and amended Pub. L. 96-300, Sec. 1(b), (c), July 2, 
1980, 94 Stat. 831.)


                            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, Sec. 1(c), July 2, 
1980, 94 Stat. 831.


                               Amendments

    1980--Pub. L. 96-300, Sec. 1(b), which directed that last sentence 
of this section be struck out was probably intended 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 necessary.'' after ``(j)'' was not executed to 
this section because it did not contain a subsec. (j). See 1980 
Amendment note above.


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7413, 7625a of this title.
