42 U.S.C. § 6991k — Delivery prohibition

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 Page 7039 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991m (E) a delineation of, or a process for deter- mining, the specified geographic areas sub- ject to paragraph (4). (3) Compliance States that receive funding under this sub- chapter shall, at a minimum, comply with the processes and procedures published under paragraph (2). (4) Consideration (A) Rural and remote areas Subject to subparagraph (B), the Adminis- trator or a State may consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of a reg- ulated substance if such treatment would jeopardize the availability of, or access to, fuel in any rural and remote areas unless an urgent threat to public health, as deter- mined by the Administrator, exists. (B) Applicability Subparagraph (A) shall apply only during the 180-day period following the date of a de- termination by the Administrator or the ap- propriate State under subparagraph (A). (b) Effect on State authority Nothing in this section shall affect or preempt the authority of a State to prohibit the delivery, deposit, or acceptance of a regulated substance to an underground storage tank. (c) Defense to violation A person shall not be in violation of sub- section (a)(1) if the person has not been provided with notice pursuant to subsection (a)(2)(D) of the ineligibility of a facility for delivery, de- posit, or acceptance of a regulated substance as determined by the Administrator or a State, as appropriate, under this section. (Pub. L. 89–272, title II, § 9012, as added Pub. L. 109–58, title XV, § 1527(a), Aug. 8, 2005, 119 Stat. 1098; amended Pub. L. 109–168, § 1(a)(1), Jan. 10, 2006, 119 Stat. 3580.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(2)(D). Pub. L. 109–168 substituted ‘‘of a regulated’’ for ‘‘or a regulated’’. § 6991l. Tanks on tribal lands (a) Strategy The Administrator, in coordination with In- dian tribes, shall, not later than 1 year after Au- gust 8, 2005, develop and implement a strategy— (1) giving priority to releases that present the greatest threat to human health or the en- vironment, to take necessary corrective ac- tion in response to releases from leaking un- derground storage tanks located wholly within the boundaries of— (A) an Indian reservation; or (B) any other area under the jurisdiction of an Indian tribe; and (2) to implement and enforce requirements concerning underground storage tanks located wholly within the boundaries of— (A) an Indian reservation; or (B) any other area under the jurisdiction of an Indian tribe. (b) Report Not later than 2 years after August 8, 2005, the Administrator shall submit to Congress a report that summarizes the status of implementation and enforcement of this subchapter in areas lo- cated wholly within— (1) the boundaries of Indian reservations; and (2) any other areas under the jurisdiction of an Indian tribe. The Administrator shall make the report under this subsection available to the public. (c) Not a safe harbor This section does not relieve any person from any obligation or requirement under this sub- chapter. (d) State authority Nothing in this section applies to any under- ground storage tank that is located in an area under the jurisdiction of a State, or that is sub- ject to regulation by a State, as of August 8, 2005. (Pub. L. 89–272, title II, § 9013, as added Pub. L. 109–58, title XV, § 1529(a), Aug. 8, 2005, 119 Stat. 1101.) § 6991m. Authorization of appropriations There are authorized to be appropriated to the Administrator the following amounts: (1) To carry out this subchapter (except sec- tions 6991b(h), 6991d(c), 6991j, and 6991k of this title) $50,000,000 for each of fiscal years 2006 through 2011. (2) From the Trust Fund— (A) to carry out section 6991b(h) of this title (except section 6991b(h)(12) of this title) $200,000,000 for each of fiscal years 2006 through 2011; (B) to carry out section 6991b(h)(12) of this title, $200,000,000 for each of fiscal years 2006 through 2011; (C) to carry out sections 6991b(i), 6991c(f), and 6991d(c) of this title $100,000,000 for each of fiscal years 2006 through 2011; and (D) to carry out sections 6991i, 6991j, 6991k, and 6991l of this title $55,000,000 for each of fiscal years 2006 through 2011. (Pub. L. 89–272, title II, § 9014, as added Pub. L. 109–58, title XV, § 1531(a), Aug. 8, 2005, 119 Stat. 1104; amended Pub. L. 109–168, § 1(a)(3), Jan. 10, 2006, 119 Stat. 3580; Pub. L. 109–432, div. A, title II, § 210(b), Dec. 20, 2006, 120 Stat. 2947; Pub. L. 109–433, § 1(b), Dec. 20, 2006, 120 Stat. 3196.) Editorial Notes AMENDMENTS 2006—Par. (2). Pub. L. 109–432 and Pub. L. 109–433 amended par. (2) identically, substituting ‘‘Fund’’ for ‘‘Fund, notwithstanding section 9508(c)(1) of title 26’’ in introductory provisions. Pub. L. 109–168 substituted ‘‘2006 through 2011’’ for ‘‘2005 through 2009’’ wherever appearing.