---
kind: "section"
citation: "42 U.S.C. § 7625"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7625"
heading: "Vapor recovery for small business marketers of petroleum products"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7625"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter III — General Provisions"
---

# §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](/usc/42/7550.md?p=2) 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)](#a) shall be construed to prohibit any [State](/usc/42/7602.md?p=d) 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](/usc/42/7602.md?p=d) and submitted to the [Administrator](/usc/42/7602.md?p=a) as part of its implementation plan may be approved and enforced by the [Administrator](/usc/42/7602.md?p=a) as part of the [applicable implementation plan](/usc/42/7602.md?p=q) for that [State](/usc/42/7602.md?p=d).
- (c) **Refiners—** For purposes of this section, an independent small business marketer of gasoline is a [person](/usc/42/7602.md?p=e) engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under [section 7624](/usc/42/7624.md)[^1] of this title or under regulations of the [Administrator](/usc/42/7602.md?p=a), unless such [person](/usc/42/7602.md?p=e)—
  - (1)
    - (A) is a refiner, or[^2]
    - (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](/usc/42/7602.md?p=a)) with a refiner or with a [person](/usc/42/7602.md?p=e) 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](/usc/42/7602.md?p=e)), 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](/usc/42/7602.md?p=e) 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](/usc/42/2297h.md?p=2) means ownership of more than 50 percent of its stock.


## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. The word “or” probably should appear at the end of subpar. (B).

## Source credit

(July 14, 1955, ch. 360, title III, § 324, formerly § 325, as added Pub. L. 95–95, title III, § 314(b), Aug. 7, 1977, 91 Stat. 789; renumbered § 324, Pub. L. 96–300, § 1(c), July 2, 1980, 94 Stat. 831.)

## Notes

### Editorial Notes

### References in Text

Section 7624 of this title, referred to in subsec. (c), was in the original “section 324 of this Act”, meaning section 324 of the Act July 14, 1955. Sections 324 and 325 of that Act, were renumbered sections 323 and 324, respectively, by Pub. L. 96–300, § 1(b), July 2, 1980, 94 Stat. 831, and are classified to sections 7624 and 7625, respectively, of this title.

### Prior Provisions

A prior section 324 of act July 14, 1955, was renumbered section 323 by Pub. L. 96–300 and is classified to section 7624 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Aug. 7, 1977, 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.