42 U.S.C. § 7624 — Cost of vapor recovery equipment

submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

Gas station owners, not renters, must pay to install vapor recovery equipment under Clean Air Act rules. New leases signed after August 7, 1977, cannot make the renter pay for it instead. Owners can only recover that cost by raising fuel prices.

(a) Owner pays. Clean Air Act regulations on vapor recovery equipment (devices that capture gas fumes) at retail fuel outlets must say that the outlet's owner pays for buying and installing that equipment. Except as allowed under subsection (b), any lease of the outlet that is entered into or renewed after August 7, 1977, cannot require the lessee (renter) to pay those costs instead. The regulations must also let the owner recover this cost by raising prices on products sold at the outlet, no matter what other laws might otherwise say. (b) Exception: lessee can pay. The regulations must allow a lease to require the lessee to pay for procurement and installation of vapor recovery equipment, spread out over a reasonable time period set by the regulations, but only if the owner of the outlet does not sell, trade, or otherwise dispense any product at that outlet, wholesale or retail.

the actual law source: uscode.house.gov ↗public domain

(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 August 7, 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) 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.

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; amended Pub. L. 95–190, § 14(a)(82), Nov. 16, 1977, 91 Stat. 1404; renumbered § 323 and amended Pub. L. 96–300, § 1(b), (c), July 2, 1980, 94 Stat. 831.)

history & why it existsrecord from the source credit

1955Enacted · Pub. L. 95-95 · 91 Stat. 788
1977Amended · Pub. L. 95-190 · 91 Stat. 1404
1980Amended · Pub. L. 96-300 · 94 Stat. 831

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-95 on 1955-07-14.

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