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

Summary

The Administrator must finish a study of underground storage tanks that hold the regulated substances named in section 6991(7)(B) within 12 months after November 8, 1984, and must finish a study of all other underground tanks within 36 months after that date. The studies must look at tank age, type (how they are made, coatings, protection, materials, and installation), location and climate, soil and water-table conditions, local hydrogeology, how these things affect the chance of leaks, and the effectiveness and cost of inventory, testing, and leak-detection systems. A separate study of the tanks listed in section 6991(10)(A) and (B) must be done within 36 months, with estimates of number, location, and possible releases. When the studies are done, the Administrator must send reports and recommendations to the President and Congress about whether those tanks should be covered by the earlier rules. If an owner or operator (but not a federal, state, or local government) loses money or business because a tank was closed or its operation stopped only so the studies could be done, the Administrator must fairly reimburse them. Claims must be filed within 90 days after the closure or interruption. Payments come from funds Congress authorizes under section 6916(g). The Administrator’s reimbursement decision is final agency action for judicial review.

Title 42, §6991h

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

(a)Not later than twelve months after November 8, 1984, the Administrator shall complete a study of underground storage tanks used for the storage of regulated substances defined in section 6991(7)(B) of this title.

(b)Not later than thirty-six months after November 8, 1984, the Administrator shall complete a study of all other underground storage tanks.

(c)The studies under subsections (a) and (b) shall include an assessment of the ages, types (including methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods) and locations (including the climate of the locations) of such tanks; soil conditions, water tables, 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 inventory systems, tank testing, and leak detection systems; and such other factors as the Administrator deems appropriate.

(d)Not later than thirty-six months after November 8, 1984, the Administrator shall conduct a study regarding the tanks referred to in subparagraphs (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 analysis of the extent to which there may be releases or threatened releases from such tanks into the environment.

(e)Upon completion of the studies authorized by this section, the Administrator shall submit reports to the President and to the Congress containing the results of the studies and recommendations respecting whether or not such tanks should be subject to the preceding provisions of this subchapter.

(f)(1)If any owner or operator (excepting an agency, department, or instrumentality of the United States Government, a State or a political subdivision thereof) shall incur costs, including 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 Congress pursuant to the authorization contained in section 6916(g) 11 See References in Text note below. of this title.

(4)For purposes of judicial review, a determination by the Administrator under this subsection shall be considered final agency action.

Notes & Related Subsidiaries

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), substituted “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 “section 6991(1)(A) and (B)”.

§6991h Study of underground storage tanks