42 U.S.C. § 6991d — Inspections, monitoring, testing, and cor-

Page 7033 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991d are directly related to State fund or State assurance programs under subsection (c)(1); or (iii) enforcement, by a State or a local government, of State or local regulations pertaining to underground storage tanks regulated under this subchapter. (B) Use of funds for enforcement In addition to the uses of funds authorized under subparagraph (A), the Administrator may use funds from the Trust Fund that are not distributed to States under subpara- graph (A) for enforcement of any regulation promulgated by the Administrator under this subchapter. (C) Prohibited uses Funds provided to a State by the Adminis- trator under subparagraph (A) shall not be used by the State to provide financial assist- ance to an owner or operator to meet any re- quirement relating to underground storage tanks under subparts B, C, D, H, and G of part 280 of title 40, Code of Federal Regula- tions (as in effect on August 8, 2005). (2) Allocation (A) Process Subject to subparagraphs (B) and (C), in the case of a State with which the Adminis- trator has entered into a cooperative agree- ment under section 6991b(h)(7)(A) of this title, the Administrator shall distribute funds from the Trust Fund to the State using an allocation process developed by the Administrator. (B) Diversion of State funds The Administrator shall not distribute funds under subparagraph (A)(iii) of sub- section (f)(1) to any State that has diverted funds from a State fund or State assurance program for purposes other than those re- lated to the regulation of underground stor- age tanks covered by this subchapter, with the exception of those transfers that had been completed earlier than August 8, 2005. (C) Revisions to process The Administrator may revise the alloca- tion process referred to in subparagraph (A) after— (i) consulting with State agencies re- sponsible for overseeing corrective action for releases from underground storage tanks; and (ii) taking into consideration, at a min- imum, each of the following: (I) The number of confirmed releases from federally regulated leaking under- ground storage tanks in the States. (II) The number of federally regulated underground storage tanks in the States. (III) The performance of the States in implementing and enforcing the pro- gram. (IV) The financial needs of the States. (V) The ability of the States to use the funds referred to in subparagraph (A) in any year. (3) Distributions to State agencies Distributions from the Trust Fund under this subsection shall be made directly to a State agency that— (A) enters into a cooperative agreement referred to in paragraph (2)(A); or (B) is enforcing a State program approved under this section. (Pub. L. 89–272, title II, § 9004, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3282; amended Pub. L. 99–499, title II, § 205(e), Oct. 17, 1986, 100 Stat. 1702; Pub. L. 109–58, title XV, §§ 1522(a), (b), 1524(b), 1533(3), Aug. 8, 2005, 119 Stat. 1092, 1093, 1096, 1105.) Editorial Notes REFERENCES IN TEXT The Federal Bankruptcy Code, referred to in subsec. (c)(3), probably means a reference to Title 11, Bank- ruptcy. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 1533(3), substituted ‘‘in subparagraph (A) or (B) of section 6991(7)’’ for ‘‘in 6991(2)(A) or (B) or both’’. Subsec. (a)(9). Pub. L. 109–58, § 1524(b), added par. (9). Subsec. (c)(6). Pub. L. 109–58, § 1522(b), added par. (6). Subsec. (f). Pub. L. 109–58, § 1522(a), added subsec. (f). 1986—Subsec. (c)(1). Pub. L. 99–499, § 205(e)(1), struck out ‘‘financed by fees on tank owners and operators and’’ after ‘‘compensation programs’’. Subsec. (c)(2). Pub. L. 99–499, § 205(e)(2), struck out ‘‘or’’ after ‘‘letter of credit,’’ and inserted ‘‘or any other method satisfactory to the Administrator’’ and ‘‘in- cluding the amount of coverage required for various classes and categories of underground storage tanks pursuant to section 6991b(d)(5) of this title’’. § 6991d. Inspections, monitoring, testing, and cor- rective action (a) Furnishing information For the purposes of developing or assisting in the development of any regulation, conducting any study, taking any corrective action, or en- forcing 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 that is used for storing regu- lated substances) shall, upon request of any offi- cer, employee or representative of the Environ- mental 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 or with an approved program, furnish information relating to such tanks, their associated equipment, their con- tents, conduct monitoring or testing, permit such officer at all reasonable times to have ac- cess to, and to copy all records relating to such tanks and permit such officer to have access for corrective action. For the purposes of devel- oping or assisting in the development of any regulation, conducting any study, taking correc- tive action, or enforcing the provisions of this subchapter, such officers, employees, or rep- resentatives are authorized— (1) to enter at reasonable times any estab- lishment 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; Page 7034 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991e (3) to conduct monitoring or testing of the tanks, associated equipment, contents, or sur- rounding soils, air, surface water or ground water; and (4) to take corrective action. Each such inspection shall be commenced and completed with reasonable promptness. (b) Confidentiality (1) Any records, reports, or information ob- tained from any persons under this section shall be available to the public, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or information, or a par- ticular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee, or representative thereof has access under this section if made public, would divulge information entitled to protection under section 1905 of title 18, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or in- formation may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. (2) Any person not subject to the provisions of section 1905 of title 18 who knowingly and will- fully divulges or discloses any information enti- tled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both. (3) In submitting data under this subchapter, a person required to provide such data may— (A) designate the data which such person be- lieves is entitled to protection under this sub- section, and (B) submit such designated data separately from other data submitted under this sub- chapter. A designation under this paragraph shall be made in writing and in such manner as the Ad- ministrator may prescribe. (4) Notwithstanding any limitation contained in this section or any other provision of law, all information reported to, or otherwise obtained, by the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee (including records, reports, or information obtained by representatives of the Environmental Protection Agency). (c) Inspection requirements (1) Uninspected tanks In the case of underground storage tanks regulated under this subchapter that have not undergone an inspection since December 22, 1998, not later than 2 years after August 8, 2005, the Administrator or a State that re- ceives funding under this subchapter, as ap- propriate, shall conduct on-site inspections of all such tanks to determine compliance with this subchapter and the regulations under this subchapter (40 CFR 280) or a requirement or standard of a State program developed under section 6991c of this title. (2) Periodic inspections After completion of all inspections required under paragraph (1), the Administrator or a State that receives funding under this sub- chapter, as appropriate, shall conduct on-site inspections of each underground storage tank regulated under this subchapter at least once every 3 years to determine compliance with this subchapter and the regulations under this subchapter (40 CFR 280) or a requirement or standard of a State program developed under section 6991c of this title. The Administrator may extend for up to one additional year the first 3-year inspection interval under this paragraph if the State demonstrates that it has insufficient resources to complete all such inspections within the first 3-year period. (3) Inspection authority Nothing in this section shall be construed to diminish the Administrator’s or a State’s au- thorities under subsection (a). (Pub. L. 89–272, title II, § 9005, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3284; amended Pub. L. 99–499, title II, § 205(f), Oct. 17, 1986, 100 Stat. 1702; Pub. L. 109–58, title XV, §§ 1523(a), 1533(4), Aug. 8, 2005, 119 Stat. 1094, 1105.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 1533(4)(A), sub- stituted ‘‘study, taking’’ for ‘‘study taking’’ in intro- ductory provisions. Subsec. (b)(1). Pub. L. 109–58, § 1533(4)(B), substituted ‘‘relevant’’ for ‘‘relevent’’. Subsec. (b)(4). Pub. L. 109–58, § 1533(4)(C), substituted ‘‘Environmental’’ for ‘‘Evironmental’’. Subsec. (c). Pub. L. 109–58, § 1523(a), added subsec. (c). 1986—Pub. L. 99–499, § 205(f)(3), inserted reference to corrective action in section catchline. Subsec. (a). Pub. L. 99–499, § 205(f)(1), in first sentence, inserted ‘‘taking any corrective action’’ after ‘‘con- ducting any study’’, inserted ‘‘acting pursuant to sub- section (h)(7) of section 6991b of this title or’’, struck out ‘‘and’’ before ‘‘permit such officer’’, and inserted ‘‘and permit such officer to have access for corrective action’’, and in second sentence, inserted ‘‘taking cor- rective action,’’ after ‘‘study,’’. The amendment direct- ing insertion of ‘‘taking any corrective action’’ after ‘‘study’’ in first sentence was executed by inserting that language after ‘‘conducting any study’’ rather than after ‘‘subject to study’’, as the probable intent of Congress. Subsec. (a)(4). Pub. L. 99–499, § 205(f)(2), added par. (4). § 6991e. Federal enforcement (a) Compliance orders (1) Except as provided in paragraph (2), when- ever on the basis of any information, the Admin- istrator determines that any person is in viola- tion 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 in- junction.