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42 U.S.C. § 6991k — Delivery prohibition

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

42 U.S.C. § 6991k — Delivery prohibition

**(a) Requirements** (1) **Prohibition of delivery or deposit** — Beginning 2 years after August 8, 2005, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for such delivery, deposit, or acceptance. (2) **Guidance** — Within 1 year after August 8, 2005, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— (A) the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance; (B) the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries; (C) the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance; (D) one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance; and (E) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). (3) **Compliance** — States that receive funding under this subchapter shall, at a minimum, comply with the processes and procedures published under paragraph (2). (4) **Consideration** (A) *

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Stable record: federal_law:legal_authorities:record_usc_883714b7d8fae3eda3132b67
Source file: Laws/federal/codes/united-states-code/title-42/section-6991k-delivery-prohibition--d1ea6f1db7.md
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Source location: Title 42, Chapter 82, § 6991k; chapter-082-solid-waste-disposal.md

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**(a) Requirements** (1) **Prohibition of delivery or deposit** — Beginning 2 years after August 8, 2005, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for such delivery, deposit, or acceptance. (2) **Guidance** — Within 1 year after August 8, 2005, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— (A) the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance; (B) the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries; (C) the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance; (D) one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance; and (E) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). (3) **Compliance** — States that receive funding under this subchapter shall, at a minimum, comply with the processes and procedures published under paragraph (2). (4) **Consideration** (A) *Rural and remote areas* — Subject to subparagraph (B), the Administrator or a State may consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of a regulated substance if such treatment would jeopardize the availability of, or access to, fuel in any rural and remote areas unless an urgent threat to public health, as determined by the Administrator, exists. (B) *Applicability* — Subparagraph (A) shall apply only during the 180-day period following the date of a determination by the Administrator or the appropriate State under subparagraph (A). **(b) Effect on State authority** Nothing in this section shall affect or preempt the authority of a State to prohibit the delivery, deposit, or acceptance of a regulated substance to an underground storage tank. **(c) Defense to violation** A person shall not be in violation of subsection (a)(1) if the person has not been provided with notice pursuant to subsection (a)(2)(D) of the ineligibility of a facility for delivery, deposit, or acceptance of a regulated substance as determined by the Administrator or a State, as appropriate, under this section.

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

42 U.S.C. § 6991e — Federal enforcement

**(a) Compliance orders** (1) Except as provided in paragraph (2), whenever on the basis of any information, the Administrator determines that any person is in violation of any requirement of this subchapter, the Administrator may issue an order requiring compliance within a reasonable specified time period or the Administrator may commence a civil action in the United States district court in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) In the case of a violation of any requirement of this subchapter where such violation occurs in a State with a program approved under [section 6991c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991c&num=0&edition=prelim), the Administrator shall give notice to the State in which such violation has occurred prior to issuing an order or commencing a civil action under this section. (3) If a violator fails to comply with an order under this subsection within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance. **(b) Procedure** Any order issued under this section shall become final unless, no later than thirty days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. **(c) Contents of order** Any order issued under this section shall state with reasonable specificity the nature of the violati

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

42 U.S.C. § 6991k — Delivery prohibition

Page 7038 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991j 1 So in original. (C) the high turnover rate of tank opera- tors and other personnel; (D) the frequency of improvement in un- derground storage tank equipment tech- nology; (E) the nature of the businesses in which the tank operators are engaged; (F) the substantial differences in the scope and length of training needed for the dif- ferent classes of persons described in sub- paragraphs (A), (B), and (C) of paragraph (1); and (G) such other factors as the Adminis- trator determines to be necessary to carry out this section. (b) State programs (1) In general Not later than 2 years after the date on which the Administrator publishes the guide- lines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines devel- oped under subsection (a)(1). (2) Requirements State requirements described in paragraph (1) shall— (A) be consistent with subsection (a); (B) be developed in cooperation with tank owners and tank operators; (C) take into consideration training pro- grams implemented by tank owners and tank operators as of August 8, 2005; and (D) be appropriately communicated to tank owners and operators. (3) Financial incentive The Administrator may award to a State that develops and implements requirements described in paragraph (1), in addition to any funds that the State is entitled to receive under this subchapter, not more than $200,000, to be used to carry out the requirements. (c) Training All persons that are subject to the operator training requirements of subsection (a) shall— (1) meet the training requirements developed under subsection (b); and (2) repeat the app

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