42 U.S.C. § 6991i — Operator training

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; 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 applicable requirements devel- oped under subsection (b), if the tank for which they have primary daily on-site man- agement responsibilities is determined to be out of compliance with— (A) a requirement or standard promul- gated by the Administrator under section 6991b of this title; or (B) a requirement or standard of a State program approved under section 6991c of this title. (Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L. 109–58, title XV, § 1524(a), Aug. 8, 2005, 119 Stat. 1095.) Editorial Notes REFERENCES IN TEXT August 8, 2005, referred to in subsec. (b)(2)(C), was in the original ‘‘the date of enactment of this section’’, which was translated as meaning the date of enactment of Pub. L. 109–58, which amended this section generally, to reflect the probable intent of Congress. AMENDMENTS 2005—Pub. L. 109–58 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘For authorization of appropriations to carry out this subchapter, see section 6916(g) of this title.’’ § 6991j. Use of funds for release prevention and compliance Funds made available under section 6991m(2)(D) of this title from the Trust Fund may be used to conduct inspections, issue or- ders, or bring actions under this subchapter— (1) by a State, in accordance with a grant or cooperative agreement with the Adminis- trator, of 1 State regulations pertaining to un- derground storage tanks regulated under this subchapter; and (2) by the Administrator, for tanks regulated under this subchapter (including under a State program approved under section 6991c of this title). (Pub. L. 89–272, title II, § 9011, as added Pub. L. 109–58, title XV, § 1526(a), Aug. 8, 2005, 119 Stat. 1097.) § 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 under- ground 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 Ad- ministrator 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 in- clude, at a minimum— (A) the criteria for determining which un- derground storage tank facilities are ineli- gible 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 in- dustries that an underground storage tank has been determined to be ineligible for de- livery, deposit, or acceptance of a regulated substance; and