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42 U.S.C. § 6991h — Study of underground storage tanks
Federal law — U.S. Code and appendices · legal_authorities
**(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 storage of regulated substances defined in [section 6991(7)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991/7/B&num=0&edition=prelim).
**(b) Other tanks** Not later than thirty-six months after November 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 (including methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods) and locations (including the climate of the locations) of such tanks; soil conditions, water tables, and the hydrogeology of tank locations; the relationship between the foregoing factors and the likelihood of releases from underground storage tanks; the effectiveness and costs of inventory systems, tank testing, and leak detection systems; and such other factors as the Administrator deems appropriate.
**(d) Farm and heating oil tanks** Not later than thirty-six months after November 8, 1984, the Administrator shall conduct a study regarding the tanks referred to in subparagraphs (A) and (B) of [section 6991(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991/10&num=0&edition=prelim). Such study shall include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment.
**(e) Reports** Upon completion of the studies authorized by this section, the Administrator
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Stable record: federal_law:legal_authorities:record_usc_9f5e0511b827f1199f79aa19
Source file: Laws/federal/codes/united-states-code/title-42/section-6991h-study-of-underground-storage-tanks--0e8cc6d85c.md
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Source location: Title 42, Chapter 82, § 6991h; chapter-082-solid-waste-disposal.md
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**(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 storage of regulated substances defined in [section 6991(7)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991/7/B&num=0&edition=prelim).
**(b) Other tanks** Not later than thirty-six months after November 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 (including methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods) and locations (including the climate of the locations) of such tanks; soil conditions, water tables, and the hydrogeology of tank locations; the relationship between the foregoing factors and the likelihood of releases from underground storage tanks; the effectiveness and costs of inventory systems, tank testing, and leak detection systems; and such other factors as the Administrator deems appropriate.
**(d) Farm and heating oil tanks** Not later than thirty-six months after November 8, 1984, the Administrator shall conduct a study regarding the tanks referred to in subparagraphs (A) and (B) of [section 6991(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991/10&num=0&edition=prelim). Such study shall include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment.
**(e) Reports** Upon completion of the studies authorized by this section, the Administrator shall submit reports to the President and to the Congress containing the results of the studies and recommendations respecting whether or not such tanks should be subject to the preceding provisions of this subchapter.
**(f) Reimbursement**
(1) If any owner or operator (excepting an agency, department, or instrumentality of the United States Government, a State or a political subdivision thereof) shall incur costs, including the loss of business opportunity, due to the closure or interruption of operation of an underground storage tank solely for the purpose of conducting studies authorized by this section, the Administrator shall provide such person fair and equitable reimbursement for such costs.
(2) All claims for reimbursement shall be filed with the Administrator not later than ninety days after the closure or interruption which gives rise to the claim.
(3) Reimbursements made under this section shall be from funds appropriated by the Congress pursuant to the authorization contained in section 6916(g) 11 See References in Text note below. of this title.
(4) For purposes of judicial review, a determination by the Administrator under this subsection shall be considered final agency action.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Furnishing information** For the purposes of developing or assisting in the development of any regulation, conducting any study, taking any corrective action, or enforcing the provisions of this subchapter, any owner or operator of an underground storage tank (or any tank subject to study under [section 6991h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991h&num=0&edition=prelim) that is used for storing regulated substances) shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer, employee, or representative of a State acting pursuant to subsection (h)(7) of [section 6991b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6991b&num=0&edition=prelim) or with an approved program, furnish information relating to such tanks, their associated equipment, their contents, conduct monitoring or testing, permit such officer at all reasonable times to have access to, and to copy all records relating to such tanks and permit such officer to have access for corrective action. For the purposes of developing or assisting in the development of any regulation, conducting any study, taking corrective action, or enforcing the provisions of this subchapter, such officers, employees, or representatives are authorized—
(1) to enter at reasonable times any establishment or other place where an underground storage tank is located;
(2) to inspect and obtain samples from any person of any regulated substances contained in such tank;
(3) to conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or ground water
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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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