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42 U.S.C. § 6991a — Notification

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991a — Notification

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Source location: Title 42, Chapter 82, § 6991a; chapter-082-solid-waste-disposal.md

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**(a) Underground storage tanks** (1) Within 18 months after November 8, 1984, each owner of an underground storage tank shall notify the State or local agency or department designated pursuant to subsection (b)(1) of the existence of such tank, specifying the age, size, type, location, and uses of such tank. (2) (A) For each underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall, within eighteen months after November 8, 1984, notify the State or local agency, or department designated pursuant to subsection (b)(1) of the existence of such tanks (unless the owner knows the tank subsequently was removed from the ground). The owner of a tank taken out of operation on or before January 1, 1974, shall not be required to notify the State or local agency under this subsection. (B) Notice under subparagraph (A) shall specify, to the extent known to the owner— (i) the date the tank was taken out of operation, (ii) the age of the tank on the date taken out of operation, (iii) the size, type and location of the tank, and (iv) the type and quantity of substances left stored in such tank on the date taken out of operation. (3) Any owner which brings into use an underground storage tank after the initial notification period specified under paragraph (1), shall notify the designated State or local agency or department within thirty days of the existence of such tank, specifying the age, size, type, location and uses of such tank. (4) Paragraphs (1) through (3) of this subsection shall not apply to tanks for which notice was given pursuant to [section 9603(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603/c&num=0&edition=prelim). (5) Beginning thirty days after the Administrator prescribes the form of notice pursuant to subsection (b)(2) and for eighteen months thereafter, any person who deposits regulated substances in an underground storage tank shall reasonably notify the owner or operator of such tank of the owner’s notification requirements pursuant to this subsection. (6) Beginning thirty days after the Administrator issues new tank performance standards pursuant to [section 6991b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991b/c&num=0&edition=prelim), any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner’s notification requirements pursuant to this subsection. **(b) Agency designation** (1) Within one hundred and eighty days after November 8, 1984, the Governors of each State shall designate the appropriate State agency or department or local agencies or departments to receive the notifications under subsection (a)(1), (2), or (3). (2) Within twelve months after November 8, 1984, the Administrator, in consultation with State and local officials designated pursuant to subsection (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notifications under subsection (a)(1), (2), or (3). In prescribing the form of such notice, the Administrator shall take into account the effect on small businesses and other owners and operators. **(c) State inventories** Each State shall make 2 separate inventories of all underground storage tanks in such State containing regulated substances. One inventory shall be made with respect to petroleum and one with respect to other regulated substances. In making such inventories, the State shall utilize and aggregate the data in the notification forms submitted pursuant to subsections (a) and (b) of this section. Each State shall submit such aggregated data to the Administrator not later than 270 days after October 17, 1986. **(d) Public record** (1) **In general** — The Administrator shall require each State that receives Federal funds to carry out this subchapter to maintain, update at least annually, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground storage tanks regulated under this subchapter. (2) **Considerations** — To the maximum extent practicable, the public record of a State, respectively, shall include, for each year— (A) the number, sources, and causes of underground storage tank releases in the State; (B) the record of compliance by underground storage tanks in the State with— (i) this subchapter; or (ii) an applicable State program approved under [section 6991c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991c&num=0&edition=prelim); and (C) data on the number of underground storage tank equipment failures in the State.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991c — Approval of State programs

**(a) Elements of State program** Beginning 30 months after November 8, 1984, any State may,11 So in original. The comma probably should not appear. submit an underground storage tank release detection, prevention, and correction program for review and approval by the Administrator. The program may cover tanks used to store regulated substances referred to in subparagraph (A) or (B) of [section 6991(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991/7&num=0&edition=prelim). A State program may be approved by the Administrator under this section only if the State demonstrates that the State program includes the following requirements and standards and provides for adequate enforcement of compliance with such requirements and standards— (1) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; (2) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system; (3) requirements for reporting of any releases and corrective action taken in response to a release from an underground storage tank; (4) requirements for taking corrective action in response to a release from an underground storage tank; (5) requirements for the closure of tanks to prevent future releases of regulated substances into the environment; (6) requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an undergrou

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6991a — Notification

Page 7023 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991a lows: ‘‘pipeline facility (including gathering lines) reg- ulated under— ‘‘(i) the Natural Gas Pipeline Safety Act of 1968, ‘‘(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or ‘‘(iii) which is an intrastate pipeline facility regu- lated under State laws comparable to the provisions of law referred to in clause (i) or (ii) of this subpara- graph,’’. 1986—Par. (2)(B). Pub. L. 99–499 struck out ‘‘, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pres- sure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute)’’. See par. (8). Par. (8). Pub. L. 99–499 added par. (8). Statutory Notes and Related Subsidiaries ABOVEGROUND STORAGE TANK GRANT PROGRAM Pub. L. 106–554, § 1(a)(4) [div. B, title XII, § 1201], Dec. 21, 2000, 114 Stat. 2763, 2763A–313, provided that: ‘‘(a) DEFINITIONS.—In this provision: ‘‘(1) ABOVEGROUND STORAGE TANK.—The term ‘aboveground storage tank’ means any tank or com- bination of tanks (including any connected pipe)— ‘‘(A) that is used to contain an accumulation of regulated substances; and ‘‘(B) the volume of which (including the volume of any connected pipe) is located wholly above the surface of the ground. ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency. ‘‘(3) DENALI COMMISSION.—The term ‘Denali Com- mission’ means the commission established by sec- tion 303(a) of the Denali Commission Act of 1998 [Pub. L. 105–277, div. C, title III] (42 U.S.C. 3121 note). ‘‘(4) FEDERAL ENVIRONMENTAL LAW.—The term ‘Fed- eral environmental law’ means— ‘‘(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 et seq.); ‘‘(B) the Comprehensive Envir

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