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Title 42 — The Public Health and Welfare

Chapter 85 — Air Pollution Prevention and Control

§ 7624. Cost of vapor recovery equipment

Statutory text

(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), such regulations shall provide that no lease of a retail outlet by the owner thereof which is entered into or renewed after , 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) 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Clean Air Act Amendments of 1977

    Pub. L. 95–95 title III § 314(a) · 91 Stat. 685

    Enacted · 42 U.S.C. § 7624

    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

    Source evidence

    Code source credit
    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

    Enacted provision · exact public law section
    (a) Title III of the Clean Air Act is amended by adding the following new section at the end thereof: “Sec. 324. “cost of emission control for certain vapor recovery to be borne by owner of retail outlet (a) The regulations under this Act 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), such regulations shall provide that no lease of a retail outlet by the owner thereof which is entered into or renewed after the date of enactment of the Clean Air Act Amendments of 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) The regulations of the Administrator referred to in subsection Payment. (a) 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.”.

  2. Safe Drinking Water Amendments of 1977

    Pub. L. 95–190 § 14(a)(82) · 91 Stat. 1393

    Inserted · 42 U.S.C. § 7624

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (82) in section 324(j) insert after “(j)” the following: “The Commission may appoint and fix the pay of such staff as it deems necessary.”;

  3. Pub. L. 96–300 § 1(b) · 94 Stat. 831

    Struck · 42 U.S.C. § 7624

    Pub. L. 96–300, § 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

    Source evidence

    Code amendment note
    Pub. L. 96–300, § 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.

    Enacted provision · exact public law section
    (1) striking out the first two sentences of subsection (f) (relating to certain interim reporting dates for the National Commission on Air Quality);

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 323 of act , was classified to section 7623 of this title prior to repeal by Pub. L. 96–300, § 1(c), , 94 Stat. 831.

Amendments1977–1980 · 2 rounds

1980

Pub. L. 96–300, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , 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.

Credits

1955–1980 · 3 acts
  1. 1955July 14, 1955, ch. 360, title III, § 323, formerly § 324, as added Pub. L. 95–95, title III, § 314(a), , 91 Stat. 788
  2. 1977amended Pub. L. 95–190, § 14(a)(82), , 91 Stat. 1404
  3. 1980renumbered § 323 and amended Pub. L. 96–300, § 1(b), (c), , 94 Stat. 831.
Show as published

(July 14, 1955, ch. 360, title III, § 323, formerly § 324, as added Pub. L. 95–95, title III, § 314(a), , 91 Stat. 788; amended Pub. L. 95–190, § 14(a)(82), , 91 Stat. 1404; renumbered § 323 and amended Pub. L. 96–300, § 1(b), (c), , 94 Stat. 831.)

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