42 U.S.C. § 6991a — Notification

Page 7023 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991a lows: ‘‘pipeline facility (including gathering lines) reg- ulated under— ‘‘(i) the Natural Gas Pipeline Safety Act of 1968, ‘‘(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or ‘‘(iii) which is an intrastate pipeline facility regu- lated under State laws comparable to the provisions of law referred to in clause (i) or (ii) of this subpara- graph,’’. 1986—Par. (2)(B). Pub. L. 99–499 struck out ‘‘, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pres- sure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute)’’. See par. (8). Par. (8). Pub. L. 99–499 added par. (8). Statutory Notes and Related Subsidiaries ABOVEGROUND STORAGE TANK GRANT PROGRAM Pub. L. 106–554, § 1(a)(4) [div. B, title XII, § 1201], Dec. 21, 2000, 114 Stat. 2763, 2763A–313, provided that: ‘‘(a) DEFINITIONS.—In this provision: ‘‘(1) ABOVEGROUND STORAGE TANK.—The term ‘aboveground storage tank’ means any tank or com- bination of tanks (including any connected pipe)— ‘‘(A) that is used to contain an accumulation of regulated substances; and ‘‘(B) the volume of which (including the volume of any connected pipe) is located wholly above the surface of the ground. ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency. ‘‘(3) DENALI COMMISSION.—The term ‘Denali Com- mission’ means the commission established by sec- tion 303(a) of the Denali Commission Act of 1998 [Pub. L. 105–277, div. C, title III] (42 U.S.C. 3121 note). ‘‘(4) FEDERAL ENVIRONMENTAL LAW.—The term ‘Fed- eral environmental law’ means— ‘‘(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 et seq.); ‘‘(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); ‘‘(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ‘‘(D) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or ‘‘(E) any other Federal law that is applicable to the release into the environment of a regulated sub- stance, as determined by the Administrator. ‘‘(5) NATIVE VILLAGE.—The term ‘Native village’ has the meaning given the term in section 11(b) in Public Law 92–203 (85 Stat. 688) [43 U.S.C. 1610(b)]. ‘‘(6) PROGRAM.—The term ‘program’ means the Aboveground Storage Tank Grant Program estab- lished by subsection (b)(1). ‘‘(7) REGULATED SUBSTANCE.—The term ‘regulated substance’ has the meaning given the term in section 9001 of the Solid Waste Disposal Act (42 U.S.C. 6991). ‘‘(8) STATE.—The term ‘State’ means the State of Alaska. ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established a grant pro- gram to be known as the ‘Aboveground Storage Tank Grant Program’ ‘‘(2) GRANTS.—Under the program, the Adminis- trator shall award a grant to— ‘‘(A) the State, on behalf of a Native village; or ‘‘(B) the Denali Commission. ‘‘(c) USE OF GRANTS.—The State or the Denali Com- mission shall use the funds of a grant under subsection (b) to repair, upgrade, or replace one or more above- ground storage tanks that— ‘‘(1) leaks or poses an imminent threat of leaking, as certified by the Administrator, the Commandant of the Coast Guard, or any other appropriate Federal or State agency (as determined by the Adminis- trator); and ‘‘(2) is located in a Native village— ‘‘(A) the median household income of which is less than 80 percent of the median household in- come in the State; ‘‘(B) that is located— ‘‘(i) within the boundaries of— ‘‘(I) a unit of the National Park System; ‘‘(II) a unit of the National Wildlife Refuge System; or ‘‘(III) a National Forest; or ‘‘(ii) on public land under the administrative ju- risdiction of the Bureau of Land Management; or ‘‘(C) that receives payments from the Federal Government under chapter 69 of title 31, United States Code (commonly known as ‘payments in lieu of taxes’). ‘‘(d) REPORTS.—Not later than 1 year after the date on which the State or the Denali Commission receives a grant under subsection (c), and annually thereafter, the State or the Denali Commission, as the case may be, shall submit a report describing each project com- pleted with grant funds and any projects planned for the following year, to— ‘‘(1) the Administrator; ‘‘(2) the Committee on Resources [now Committee on Natural Resources] of the House of Representa- tives; ‘‘(3) the Committee on Environment and Public Works of the Senate; ‘‘(4) the Committee on Appropriations of the House of Representatives; and ‘‘(5) the Committee on Appropriations of the Sen- ate. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this Act [probably means this section], to remain available until expended— ‘‘(1) $20,000,000 for fiscal year 2001; and ‘‘(2) such sums as are necessary for each fiscal year thereafter.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] § 6991a. Notification (a) Underground storage tanks (1) Within 18 months after November 8, 1984, each owner of an underground storage tank shall notify the State or local agency or department designated pursuant to subsection (b)(1) of the existence of such tank, specifying the age, size, type, location, and uses of such tank. (2)(A) For each underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall, within eighteen months after November 8, 1984, notify the State or local agency, or department designated pur- suant to subsection (b)(1) of the existence of such tanks (unless the owner knows the tank subsequently was removed from the ground). The owner of a tank taken out of operation on or before January 1, 1974, shall not be required to notify the State or local agency under this subsection. (B) Notice under subparagraph (A) shall speci- fy, to the extent known to the owner— (i) the date the tank was taken out of oper- ation, (ii) the age of the tank on the date taken out of operation, Page 7024 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991b (iii) the size, type and location of the tank, and (iv) the type and quantity of substances left stored in such tank on the date taken out of operation. (3) Any owner which brings into use an under- ground storage tank after the initial notifica- tion period specified under paragraph (1), shall notify the designated State or local agency or department within thirty days of the existence of such tank, specifying the age, size, type, loca- tion and uses of such tank. (4) Paragraphs (1) through (3) of this sub- section shall not apply to tanks for which notice was given pursuant to section 9603(c) of this title. (5) Beginning thirty days after the Adminis- trator prescribes the form of notice pursuant to subsection (b)(2) and for eighteen months there- after, any person who deposits regulated sub- stances in an underground storage tank shall reasonably notify the owner or operator of such tank of the owner’s notification requirements pursuant to this subsection. (6) Beginning thirty days after the Adminis- trator issues new tank performance standards pursuant to section 6991b(c) of this title, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner’s notifica- tion requirements pursuant to this subsection. (b) Agency designation (1) Within one hundred and eighty days after November 8, 1984, the Governors of each State shall designate the appropriate State agency or department or local agencies or departments to receive the notifications under subsection (a)(1), (2), or (3). (2) Within twelve months after November 8, 1984, the Administrator, in consultation with State and local officials designated pursuant to subsection (b)(1), and after notice and oppor- tunity for public comment, shall prescribe the form of the notice and the information to be in- cluded in the notifications under subsection (a)(1), (2), or (3). In prescribing the form of such notice, the Administrator shall take into ac- count the effect on small businesses and other owners and operators. (c) State inventories Each State shall make 2 separate inventories of all underground storage tanks in such State containing regulated substances. One inventory shall be made with respect to petroleum and one with respect to other regulated substances. In making such inventories, the State shall utilize and aggregate the data in the notification forms submitted pursuant to subsections (a) and (b) of this section. Each State shall submit such ag- gregated data to the Administrator not later than 270 days after October 17, 1986. (d) Public record (1) In general The Administrator shall require each State that receives Federal funds to carry out this subchapter to maintain, update at least annu- ally, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground storage tanks regulated under this subchapter. (2) Considerations To the maximum extent practicable, the public record of a State, respectively, shall in- clude, for each year— (A) the number, sources, and causes of un- derground storage tank releases in the State; (B) the record of compliance by under- ground storage tanks in the State with— (i) this subchapter; or (ii) an applicable State program ap- proved under section 6991c of this title; and (C) data on the number of underground storage tank equipment failures in the State. (Pub. L. 89–272, title II, § 9002, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3278; amended Pub. L. 99–499, title II, § 205(b), Oct. 17, 1986, 100 Stat. 1696; Pub. L. 109–58, title XV, § 1526(c), Aug. 8, 2005, 119 Stat. 1098.) Editorial Notes AMENDMENTS 2005—Subsec. (d). Pub. L. 109–58 added subsec. (d). 1986—Subsec. (c). Pub. L. 99–499 added subsec. (c). § 6991b. Release detection, prevention, and cor- rection regulations (a) Regulations The Administrator, after notice and oppor- tunity for public comment, and at least three months before the effective dates specified in subsection (f), shall promulgate release detec- tion, prevention, and correction regulations ap- plicable to all owners and operators of under- ground storage tanks, as may be necessary to protect human health and the environment. (b) Distinctions in regulations In promulgating regulations under this sec- tion, the Administrator may distinguish be- tween types, classes, and ages of underground storage tanks. In making such distinctions, the Administrator may take into consideration fac- tors, including, but not limited to: location of the tanks, soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended practices, national consensus codes, hydrogeology, water table, size of the tanks, quantity of regulated substances periodically deposited in or dispensed from the tank, the technical capability of the owners and operators, and the compatibility of the regulated substance and the materials of which the tank is fabricated. (c) Requirements The regulations promulgated pursuant to this section shall include, but need not be limited to, the following requirements respecting all under- ground storage tanks— (1) requirements for maintaining a leak de- tection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;