PUBLIC LAW 95-95—AUG. 7, 1977
91 STAT. 789
may be recovered by the owner of such outlet by means of price ..-u - ^ 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". (b) Title III of such Act is amended by adding the following new section at the end thereof: "VAPOR RECOVERY FOR SMALL BUSINESS MARKETERS OP PETROLEUM
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"SEC. 325. (a) The regulations under this Act 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) 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) For purposes of this section, an independent small business marketer of gasoline is a person engaged in the marketing of gasoline who would Jbe required to pay for procurement and installation of vapor recovery equipment under section 324 of this Act 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.
42 USC 7625.
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Small business marketer, ^^te, p. 788.
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