§6991f — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal departments, agencies, and other parts of the government must follow the same federal, state, interstate, and local rules about underground storage tanks as anyone else. That includes getting permits, filing reports, following court orders to fix problems, and paying fees, fines, or other charges. The United States gives up any claim that it is immune from these rules, orders, and penalties. Reasonable fees include permit and renewal fees, plan reviews, inspections, and monitoring. The federal government can’t avoid court enforcement of these orders. Individual federal workers won’t be personally fined in civil cases for actions done as part of their jobs, but they can face criminal charges. No department or agency can be criminally punished. The President may exempt executive-branch tanks from these rules for up to one year if it’s in the paramount interest of the United States; such an exemption can be renewed year by year with a new decision, but it can’t be based on lack of money unless the President asked for funds in the budget and Congress refused. The President must report each January to Congress any exemptions given in the prior year and explain why. Not later than 12 months after August 8, 2005, each federal agency that owns, operates, or manages land with underground tanks must send a compliance plan to the Administrator, the House Committee on Energy and Commerce, and the Senate Committee on Environment and Public Works. The plan must list each tank and owner, note tanks that are not in compliance, give the date of the last state or federal inspection, list violations, describe operator training, and describe actions taken and planned to reach compliance. This reporting duty does not remove any other legal obligations.

Title 42, §6991f

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Each department, agency, and instrumentality 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) engaged in any activity resulting, or which may result, in the installation, operation, management, 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 requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting underground storage tanks in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local underground storage tank regulatory program. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law concerning underground storage tanks with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State law concerning underground storage tanks, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. The President may exempt any underground storage tank of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of 1 year, but additional exemptions may be granted for periods not to exceed 1 year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption.

(b)(1)Not later than 12 months after August 8, 2005, each Federal agency that owns or operates one or more underground storage tanks, or that manages land on which one or more underground storage tanks are located, shall submit to the Administrator, the Committee on Energy and Commerce of the United States House of Representatives, and the Committee on the Environment and Public Works of the Senate a compliance strategy report that—

(A)lists the location and owner of each underground storage tank described in this paragraph;

(B)lists all tanks that are not in compliance with this subchapter that are owned or operated by the Federal agency;

(C)specifies the date of the last inspection by a State or Federal inspector of each underground storage tank owned or operated by the agency;

(D)lists each violation of this subchapter respecting any underground storage tank owned or operated by the agency;

(E)describes the operator training that has been provided to the operator and other persons having primary daily on-site management responsibility for the operation and maintenance of underground storage tanks owned or operated by the agency; and

(F)describes the actions that have been and will be taken to ensure compliance for each underground storage tank identified under subparagraph (B).

(2)This subsection does not relieve any person from any obligation or requirement under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Pub. L. 109–58 amended section generally. Prior to amendment, section required each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any underground storage tank to comply with all Federal, State, interstate, and local requirements, applicable to such tank, both substantive and procedural, in the same manner, and to the same extent, as any other person is subject to such requirements, including payment of reasonable service charges, provided that neither the United States, nor any agent, employee, or officer thereof, was immune or exempt from any process or sanction of any State or Federal court with respect to the

Enforcement

of any such injunctive relief, and authorized the President to exempt any tank from compliance with such requirements upon certain determinations.

§6991f Federal facilities