42 U.S.C. § 6991i — Operator training
submitted 42 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 456 words · no verdicts yet
The Administrator must publish underground-storage-tank operator-training guidelines, and funded States must create matching State requirements. Covered people must complete the training and repeat it after certain compliance failures.
(a)(1) Within 2 years after August 8, 2005, after public notice and comment and cooperation with States, the Administrator* must publish training guidelines for people with primary on-site operation and maintenance responsibility; daily on-site operation and maintenance responsibility; and daily on-site responsibility for emergencies from a tank spill or release*. (2) The guidelines must consider existing State* programs, programs used by owners and operators on August 8, 2005, high staff turnover, changing equipment technology, the businesses involved, different training needs for the three groups, and other necessary factors.
(b)(1) Within 2 years after publication of the guidelines, each funded State must create State-specific requirements consistent with them. (2) State requirements must be consistent with subsection (a), developed with owners and operators, consider their programs in use on August 8, 2005, and be properly communicated to them. (3) The Administrator may award a State that develops and implements the requirements up to $200,000 in addition to other funding.
(c) Covered people must meet the State training requirements and repeat them if the tank for which they have primary daily on-site management responsibility is found out of compliance with an Administrator standard or an approved-State-program standard.
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—
persons having primary responsibility for on-site operation and maintenance of underground storage tank* systems;
persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and
daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release* from an underground storage tank system.
The guidelines described in paragraph (1) shall take into account—
State* training programs in existence as of the date of publication of the guidelines;
training programs that are being employed by tank owners and tank operators as of August 8, 2005;
the high turnover rate of tank operators and other personnel;
the frequency of improvement in underground storage tank equipment technology;
the nature of the businesses in which the tank operators are engaged;
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
such other factors as the Administrator determines to be necessary to carry out this section.
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).
State requirements described in paragraph (1) shall—
be consistent with subsection (a);
be developed in cooperation with tank owners and tank operators;
take into consideration training programs implemented by tank owners and tank operators as of August 8, 2005; and
be appropriately communicated to tank owners and operators.
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.
All persons that are subject to the operator* training requirements of subsection (a) shall—
meet the training requirements developed under subsection (b); and
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 requirement or standard promulgated by the Administrator under section 6991b of this title; or
a requirement or standard of a State program approved under section 6991c of this title.
Source credit: (Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L. 109–58, title XV, § 1524(a), Aug. 8, 2005, 119 Stat. 1095.)
- 1984Enacted · Pub. L. 89-272 · 98 Stat. 3287
- 2005Amended · Pub. L. 109-58 · 119 Stat. 1095
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1984-11-08.
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