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

Summary

Within 2 years after August 8, 2005, the Administrator must publish training guidelines for people who work with underground storage tanks. The Administrator must do this after talking with States and giving the public a chance to comment. The guidelines must cover three kinds of workers: those who have primary responsibility for on-site operation and maintenance, those with daily on-site responsibility for operation and maintenance, and daily on-site employees who handle emergencies from spills or releases. The guidelines must consider existing State programs, training already used by tank owners and operators as of August 8, 2005, high worker turnover, changes in tank technology, the types of businesses involved, the different training needs for the three worker types, and any other necessary factors. Each State that gets funding must set up State-specific training rules within 2 years after those guidelines are published. The State rules must follow the guidelines, be developed with tank owners and operators, consider training used as of August 8, 2005, and be clearly shared with owners and operators. The Administrator may give a State up to $200,000 more for creating and running these rules. People who must be trained have to meet the State rules and must repeat training if the tank they manage is found out of compliance with federal or approved State tank requirements.

Title 42, §6991i

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

(a)(1)Not later than 2 years after August 8, 2005, in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for—

(A)persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;

(B)persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and

(C)daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.

(2)The guidelines described in paragraph (1) shall take into account—

(A)State training programs in existence as of the date of publication of the guidelines;

(B)training programs that are being employed by tank owners and tank operators as of August 8, 2005;

(C)the high turnover rate of tank operators and other personnel;

(D)the frequency of improvement in underground storage tank equipment technology;

(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 different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and

(G)such other factors as the Administrator determines to be necessary to carry out this section.

(b)(1)Not later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines developed under subsection (a)(1).

(2)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 programs implemented by tank owners and tank operators as of August 8, 2005; and

(D)be appropriately communicated to tank owners and operators.

(3)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)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 developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with—

(A)a requirement or standard promulgated 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.

Notes & Related Subsidiaries

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 follows: “For authorization of appropriations to carry out this subchapter, see section 6916(g) of this title.”

§6991i Operator training