42 U.S.C. § 6991h — Study of underground storage tanks

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 loca- tions) of such tanks; soil conditions, water ta- bles, 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 in- ventory systems, tank testing, and leak detec- tion systems; and such other factors as the Ad- ministrator deems appropriate. (d) Farm and heating oil tanks Not later than thirty-six months after Novem- ber 8, 1984, the Administrator shall conduct a study regarding the tanks referred to in sub- paragraphs (A) and (B) of section 6991(10) of this title. Such study shall include estimates of the number and location of such tanks and an anal- ysis of the extent to which there may be re- leases or threatened releases from such tanks into the environment. (e) Reports Upon completion of the studies authorized by this section, the Administrator shall submit re- ports to the President and to the Congress con- taining the results of the studies and rec- ommendations respecting whether or not such tanks should be subject to the preceding provi- sions 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 polit- ical subdivision thereof) shall incur costs, in- cluding 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 Con- gress pursuant to the authorization contained in section 6916(g) 1 of this title. (4) For purposes of judicial review, a deter- mination by the Administrator under this sub- section shall be considered final agency action. (Pub. L. 89–272, title II, § 9009, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L. 109–58, title XV, § 1532(b)(3), Aug. 8, 2005, 119 Stat. 1105.) Editorial Notes REFERENCES IN TEXT Section 6916(g) of this title, referred to in subsec. (f)(3), probably means section 6916(f) of this title which authorizes appropriations for this subchapter. There is no subsec. (g) of section 6916. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 1532(b)(3)(A), sub- stituted ‘‘6991(7)(B)’’ for ‘‘6991(2)(B)’’. Subsec. (d). Pub. L. 109–58, § 1532(b)(3)(B), substituted ‘‘subparagraphs (A) and (B) of section 6991(10)’’ for ‘‘sec- tion 6991(1)(A) and (B)’’. § 6991i. Operator training (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 com- ment, the Administrator shall publish guide- lines that specify training requirements for— (A) persons having primary responsibility for on-site operation and maintenance of un- derground storage tank systems; (B) persons having daily on-site responsi- bility for the operation and maintenance of underground storage tanks systems; and (C) daily, on-site employees having pri- mary responsibility for addressing emer- gencies 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 guide- lines; (B) training programs that are being em- ployed by tank owners and tank operators as of August 8, 2005;