PRIA, Government Policy, Made Personal

Summary

Small gasoline sellers that are independent and sell less than 50,000 gallons a month do not have to follow the federal vapor-recovery rules for retail fueling. Other outlets owned by independent small sellers must install vapor-recovery equipment in a three-year schedule: 33% of their outlets by the end of year one, 66% by the end of year two, and 100% by the end of year three. States may still set or enforce their own vapor-recovery rules for small sellers under 50,000 gallons, and any state rule sent to the EPA can be approved and enforced as part of that state's plan. An "independent small business marketer" here means a person who markets gasoline and would pay for the equipment unless they are a refiner or closely linked to a refiner, or unless less than 50% of their yearly income comes from refining or selling gasoline. A "refiner" does not include any refiner whose total refinery capacity is 65,000 barrels per day or less. "Control" of a company means owning more than 50% of its stock.

Title 42, §7625

The Public Health and Welfare, Source: USLM XML via OLRC

(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 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.

Notes & Related Subsidiaries

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. section 324 and 325 of that Act, were renumbered section 323 and 324, respectively, by Pub. L. 96–300, § 1(b),

July 2, 1980, 94 Stat. 831, and are classified to section 7624 and 7625, respectively, of this title.

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.

Statutory Notes and Related Subsidiaries

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.

§7625 Vapor Recovery for Small Business Marketers of Petroleum Products

Summary

Title 42, §7625

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata