|
U.S. Code as of:
01/19/04
Section 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.
|
|