42 U.S.C. § 6991e — Federal enforcement

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. Page 7035 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991f 1 So in original. The word ‘‘or’’ probably should not appear. 2 So in original. Two subpars. (D) have been enacted. 3 So in original. The comma probably should be a semicolon. (2) In the case of a violation of any require- ment of this subchapter where such violation oc- curs in a State with a program approved under section 6991c of this title, the Administrator shall give notice to the State in which such vio- lation has occurred prior to issuing an order or commencing a civil action under this section. (3) If a violator fails to comply with an order under this subsection within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of contin- ued noncompliance. (b) Procedure Any order issued under this section shall be- come final unless, no later than thirty days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Adminis- trator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (c) Contents of order Any order issued under this section shall state with reasonable specificity the nature of the violation, specify a reasonable time for compli- ance, and assess a penalty, if any, which the Ad- ministrator determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the appli- cable requirements. (d) Civil penalties (1) Any owner who knowingly fails to notify or submits false information pursuant to section 6991a(a) of this title shall be subject to a civil penalty not to exceed $10,000 for each tank for which notification is not given or false informa- tion is submitted. (2) Any owner or operator of an underground storage tank who fails to comply with— (A) any requirement or standard promul- gated by the Administrator under section 6991b of this title; (B) any requirement or standard of a State program approved pursuant to section 6991c of this title; (C) the provisions of section 6991b(g) of this title (entitled ‘‘Interim Prohibition’’); or 1 (D) 2 the requirements established in section 6991b(i) of this title, 3 (D) 2 the training requirements established by States pursuant to section 6991i of this title (relating to operator training); or (E) the delivery prohibition requirement es- tablished by section 6991k of this title, shall be subject to a civil penalty not to exceed $10,000 for each tank for each day of violation. Any person making or accepting a delivery or deposit of a regulated substance to an under- ground storage tank at an ineligible facility in violation of section 6991k of this title shall also be subject to the same civil penalty for each day of such violation. (e) Incentive for performance Both of the following may be taken into ac- count in determining the terms of a civil pen- alty under subsection (d): (1) The compliance history of an owner or operator in accordance with this subchapter or a program approved under section 6991c of this title. (2) Any other factor the Administrator con- siders appropriate. (Pub. L. 89–272, title II, § 9006, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3285; amended Pub. L. 109–58, title XV, §§ 1524(c), 1526(d), 1527(b), 1530(d), Aug. 8, 2005, 119 Stat. 1096, 1098, 1099, 1104.) Editorial Notes AMENDMENTS 2005—Subsec. (d)(2). Pub. L. 109–58, § 1527(b)(2), in- serted at end ‘‘Any person making or accepting a deliv- ery or deposit of a regulated substance to an under- ground storage tank at an ineligible facility in viola- tion of section 6991k of this title shall also be subject to the same civil penalty for each day of such viola- tion.’’ Subsec. (d)(2)(B). Pub. L. 109–58, § 1530(d)(1), which di- rected amendment of subpar. (B) by striking out ‘‘or’’ at end, could not be executed because ‘‘or’’ did not ap- pear subsequent to amendment by Pub. L. 109–58, § 1524(c)(1). See below. Pub. L. 109–58, § 1524(c)(1), struck out ‘‘or’’ at end. Subsec. (d)(2)(C). Pub. L. 109–58, § 1530(d)(2), inserted ‘‘; or’’ at end. Subsec. (d)(2)(D). Pub. L. 109–58, § 1530(d)(3), added subpar. (D) relating to requirements established in sec- tion 6991b(i) of this title. Pub. L. 109–58, § 1524(c)(2), added subpar. (D) relating to training requirements established by States pursu- ant to section 6991i of this title. Subsec. (d)(2)(E). Pub. L. 109–58, § 1527(b)(1), added sub- par. (E). Subsec. (e). Pub. L. 109–58, § 1526(d), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by section 1530(d) of Pub. L. 109–58 effec- tive 18 months after Aug. 8, 2005, see section 1530(b) of Pub. L. 109–58, set out as a note under section 6991b of this title. § 6991f. Federal facilities (a) In general Each department, agency, and instrumen- tality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any underground storage tank or underground storage tank system, or (2) en- gaged in any activity resulting, or which may result, in the installation, operation, manage- ment, or closure of any underground storage tank, release response activities related thereto, or in the delivery, acceptance, or deposit of any regulated substance to an underground storage tank or underground storage tank system shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any re- quirement for permits or reporting or any provi- sions for injunctive relief and such sanctions as may be imposed by a court to enforce such re- lief), respecting underground storage tanks in