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42 U.S.C. § 6991i — Operator training
Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidelines**
(1) **In general** — Not later than 2 years after August 8, 2005, in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for—
(A) persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;
(B) persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and
(C) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.
(2) **Considerations** — The guidelines described in paragraph (1) shall take into account—
(A) State training programs in existence as of the date of publication of the guidelines;
(B) training programs that are being employed by tank owners and tank operators as of August 8, 2005;
(C) the high turnover rate of tank operators and other personnel;
(D) the frequency of improvement in underground storage tank equipment technology;
(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 different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and
(G) such other factors as the Administrator 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 guidelines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines developed un
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Source location: Title 42, Chapter 82, § 6991i; chapter-082-solid-waste-disposal.md
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**(a) Guidelines**
(1) **In general** — Not later than 2 years after August 8, 2005, in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for—
(A) persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;
(B) persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and
(C) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.
(2) **Considerations** — The guidelines described in paragraph (1) shall take into account—
(A) State training programs in existence as of the date of publication of the guidelines;
(B) training programs that are being employed by tank owners and tank operators as of August 8, 2005;
(C) the high turnover rate of tank operators and other personnel;
(D) the frequency of improvement in underground storage tank equipment technology;
(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 different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and
(G) such other factors as the Administrator 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 guidelines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines developed 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 programs 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 applicable requirements developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with—
(A) a requirement or standard promulgated by the Administrator under [section 6991b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991b&num=0&edition=prelim); or
(B) a requirement or standard of a 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** The Administrator, after notice and opportunity for public comment, and at least three months before the effective dates specified in subsection (f), shall promulgate release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment.
**(b) Distinctions in regulations** In promulgating regulations under this section, the Administrator may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions, the Administrator may take into consideration factors, including, but not limited to: location of the tanks, soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended practices, national consensus codes, hydrogeology, water table, size of the tanks, quantity of regulated substances periodically deposited in or dispensed from the tank, the technical capability of the owners and operators, and the compatibility of the regulated substance and the materials of which the tank is fabricated.
**(c) Requirements** The regulations promulgated pursuant to this section shall include, but need not be limited to, the following requirements respecting all underground storage tanks—
(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 or comparable system;
(3) requirements for reporting of releases and corrective act
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991b
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991c
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6991e
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Federal law — U.S. Code and appendices · legal_authorities
Page 7037
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6991i
1 See References in Text note below.
specting underground storage tanks that is more
stringent than a regulation, requirement, or
standard of performance in effect under this sub-
chapter or to impose any additional liability
with respect to the release of regulated sub-
stances within such State or political subdivi-
sion.
(Pub. L. 89–272, title II, § 9008, as added Pub. L.
98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3286;
amended Pub. L. 99–499, title II, § 205(g), Oct. 17,
1986, 100 Stat. 1702.)
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–499 amended section generally. Prior
to amendment, section read as follows: ‘‘Nothing in
this subchapter shall preclude or deny any right of any
State or political subdivision thereof to adopt or en-
force any regulation, requirement or standard of per-
formance respecting underground storage tanks that is
more stringent than a regulation, requirement, or
standard of performance in effect under this sub-
chapter.’’
§ 6991h. Study of underground storage tanks
(a) Petroleum tanks
Not later than twelve months after November
8, 1984, the Administrator shall complete a study
of underground storage tanks used for the stor-
age of regulated substances defined in section
6991(7)(B) of this title.
(b) Other tanks
Not later than thirty-six months after Novem-
ber 8, 1984, the Administrator shall complete a
study of all other underground storage tanks.
(c) Elements of studies
The studies under subsections (a) and (b) shall
include an assessment of the ages, types (includ-
ing methods of manufacture, coatings, protec-
tion systems, the compatibility of the construc-
tion materials and the installation methods)
and locations (including the climate of the l
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