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

Summary

Starting August 8, 2007, it is illegal to put a regulated substance into an underground storage tank at a facility that the Administrator or a State says is ineligible for such deliveries. By August 8, 2006, the Administrator must publish rules made with States, tank owners, and delivery companies explaining how sites are labeled ineligible, how owners and suppliers are told, how a site can become eligible again, how notice is given, and how affected areas are chosen. States that get funding under this law must follow those rules. The Administrator or a State can decide not to treat a tank as ineligible if cutting off deliveries would harm fuel access in rural or remote areas, unless the Administrator finds an urgent public health threat. That choice lasts only 180 days. A State may still ban deliveries on its own. Someone is not breaking the rule if they have not received the required notice that a facility is ineligible.

Title 42, §6991k

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

(a)(1)Beginning 2 years after August 8, 2005, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for such delivery, deposit, or acceptance.

(2)Within 1 year after August 8, 2005, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum—

(A)the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance;

(B)the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries;

(C)the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance;

(D)one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance; and

(E)a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4).

(3)States that receive funding under this subchapter shall, at a minimum, comply with the processes and procedures published under paragraph (2).

(4)(A)Subject to subparagraph (B), the Administrator or a State may consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of a regulated substance if such treatment would jeopardize the availability of, or access to, fuel in any rural and remote areas unless an urgent threat to public health, as determined by the Administrator, exists.

(B)Subparagraph (A) shall apply only during the 180-day period following the date of a determination by the Administrator or the appropriate State under subparagraph (A).

(b)Nothing in this section shall affect or preempt the authority of a State to prohibit the delivery, deposit, or acceptance of a regulated substance to an underground storage tank.

(c)A person shall not be in violation of subsection (a)(1) if the person has not been provided with notice pursuant to subsection (a)(2)(D) of the ineligibility of a facility for delivery, deposit, or acceptance of a regulated substance as determined by the Administrator or a State, as appropriate, under this section.

Editorial Notes

Amendments

2006—Subsec. (a)(2)(D). Pub. L. 109–168 substituted “of a regulated” for “or a regulated”.

§6991k Delivery prohibition

Summary

Title 42, §6991k

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata