
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7625]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7625. Vapor recovery for small business marketers 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 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) of this section 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 of this title or under regulations of the 
Administrator, unless such person--
        (1)(A) is a refiner, or
        (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.

(July 14, 1955, ch. 360, title III, Sec. 324, formerly Sec. 325, as 
added Pub. L. 95-95, title III, Sec. 314(b), Aug. 7, 1977, 91 Stat. 789; 
renumbered Sec. 324, Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 
831.)


                            Prior Provisions

    A prior section 324 of act July 14, 1955, was renumbered section 323 
by Pub. L. 96-300 and is classified to section 7624 of this title.


                             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 section 7511a of this title.
