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) of this section, 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) of this section 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.
A prior section 323 of act July 14, 1955, was classified to section
7623 of this title prior to repeal by Pub. L. 96–300, § 1(c),July 2, 1980, 94 Stat. 831.
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. 95–190which 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.
Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) ofPub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section
7401 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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