42 U.S.C. § 6991h: Study of underground…

Summary

The Administrator must finish a study of underground tanks that store regulated substances 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, how tanks are built and protected, where they are (including climate), soil and groundwater conditions, how these things affect the chance of leaks, and how effective and costly inventory, testing, and leak-detection systems are. By 36 months after November 8, 1984, the Administrator must also study the farm and heating-oil tanks named in section 6991(10)(A) and (B), estimate how many and where they are, and analyze possible releases. When the studies are done, the Administrator must send reports to the President and Congress with the results and with recommendations about whether these tanks should be covered by the earlier rules in this subchapter. If an owner or operator (but not a U.S. government agency, a State, or a local government) loses money because a tank was closed or stopped only for these studies, the Administrator must fairly repay those costs. Claims must be filed within 90 days after the closure or interruption. Payments come from funds Congress authorized under section 6916(g). The Administrator’s decision on such a claim is final for court review.

Title 42, §6991h

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

(a)Petroleum tanks

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)Other tanks

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

(c)Elements of studies

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)Farm and heating oil tanks

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)Reports

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)Reimbursement

(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) 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