42 U.S.C. § 6991a — Notification
submitted 42 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 724 words · no verdicts yet
This section requires owners and certain other people to notify designated authorities about underground storage tanks. It also requires States to compile tank inventories and some States to keep public records about regulated tanks.
(a) Underground storage tanks
(1) Within 18 months after November 8, 1984, each owner* of an underground storage tank* must notify the State* or local agency or department designated under subsection (b)(1). The notice must state the tank’s age, size, type, location, and uses.
(2)(A) For each tank taken out of operation after January 1, 1974, the owner must, within that same 18-month period, notify the designated State or local authority, unless the owner knows the tank was later removed from the ground. An owner need not notify the authority about a tank taken out of operation on or before January 1, 1974.
(B) To the extent the owner knows it, the notice must state: (i) when the tank was taken out of operation; (ii) its age then; (iii) its size, type, and location; and (iv) the type and amount of substances left in it then.
(3) An owner who puts an underground storage tank into use after the initial notice period in paragraph (1) must notify the designated State or local authority within 30 days. The notice must state the tank’s age, size, type, location, and uses.
(4) Paragraphs (1) through (3) do not apply to a tank for which notice was given under 42 U.S.C. 9603(c).
(5) Starting 30 days after the Administrator* prescribes the notice form under subsection (b)(2), and continuing for 18 months, anyone who puts regulated substances into an underground storage tank must reasonably tell the owner or operator* about the owner’s notice duties under this subsection.
(6) Starting 30 days after the Administrator issues new tank performance standards under 42 U.S.C. 6991b(c), and for the 18-month period beginning then, anyone who sells a tank intended for underground storage must tell the buyer about those owner notice duties.
(b) Agency designation
(1) Within 180 days after November 8, 1984, each State Governor must designate the State, local, or both State and local agencies or departments that will receive the notices under subsection (a)(1), (2), and (3).
(2) Within 12 months after November 8, 1984, after consulting designated State and local officials and giving the public notice and an opportunity to comment, the Administrator must prescribe the notice form and the information required in notices under subsection (a). The Administrator must consider the effect on small businesses and other owners and operators.
(c) State inventories
Each State must make two separate inventories of all underground storage tanks in the State that contain regulated substances: one for petroleum* and one for other regulated substances. The State must use and combine the information in notices submitted under subsections (a) and (b). Each State must send the combined information to the Administrator no later than 270 days after October 17, 1986.
(d) Public record
(1) General rule. The Administrator must require each State receiving Federal money to carry out this subchapter to keep, update at least yearly, and make public a record of underground storage tanks regulated under this subchapter. The Administrator prescribes the form and manner after consulting States.
(2) Contents. To the greatest practicable extent, each State’s public record must include, for each year: (A) the number, sources, and causes of tank releases in the State; (B) the compliance record of the State’s tanks under this subchapter or an approved State program under 42 U.S.C. 6991c; and (C) the number of underground storage tank equipment failures in the State.
Within 18 months after November 8, 1984, each owner* of an underground storage tank* shall notify the State* or local agency or department designated pursuant to subsection (b)(1) of the existence of such tank, specifying the age, size, type, location, and uses of such tank.
For each underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall, within eighteen months after November 8, 1984, notify the State or local agency, or department designated pursuant to subsection (b)(1) of the existence of such tanks (unless the owner knows the tank subsequently was removed from the ground). The owner of a tank taken out of operation on or before January 1, 1974, shall not be required to notify the State or local agency under this subsection.
Notice under subparagraph (A) shall specify, to the extent known to the owner—
the date the tank was taken out of operation,
the age of the tank on the date taken out of operation,
the size, type and location of the tank, and
the type and quantity of substances left stored in such tank on the date taken out of operation.
Any owner which brings into use an underground storage tank after the initial notification period specified under paragraph (1), shall notify the designated State or local agency or department within thirty days of the existence of such tank, specifying the age, size, type, location and uses of such tank.
Paragraphs (1) through (3) of this subsection shall not apply to tanks for which notice was given pursuant to section 9603(c) of this title.
Beginning thirty days after the Administrator* prescribes the form of notice pursuant to subsection (b)(2) and for eighteen months thereafter, any person* who deposits regulated substances in an underground storage tank shall reasonably notify the owner or operator* of such tank of the owner’s notification requirements pursuant to this subsection.
Beginning thirty days after the Administrator issues new tank performance standards pursuant to section 6991b(c) of this title, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner’s notification requirements pursuant to this subsection.
Within one hundred and eighty days after November 8, 1984, the Governors of each State shall designate the appropriate State agency or department or local agencies or departments to receive the notifications under subsection (a)(1), (2), or (3).
Within twelve months after November 8, 1984, the Administrator, in consultation with State and local officials designated pursuant to subsection (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notifications under subsection (a)(1), (2), or (3). In prescribing the form of such notice, the Administrator shall take into account the effect on small businesses and other owners and operators.
Each State shall make 2 separate inventories of all underground storage tanks in such State containing regulated substances. One inventory shall be made with respect to petroleum* and one with respect to other regulated substances. In making such inventories, the State shall utilize and aggregate the data in the notification forms submitted pursuant to subsections (a) and (b) of this section. Each State shall submit such aggregated data to the Administrator not later than 270 days after October 17, 1986.
The Administrator shall require each State that receives Federal funds to carry out this subchapter to maintain, update at least annually, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground storage tanks regulated under this subchapter.
To the maximum extent practicable, the public record of a State, respectively, shall include, for each year—
the number, sources, and causes of underground storage tank releases in the State;
the record of compliance by underground storage tanks in the State with—
this subchapter; or
an applicable State program approved under section 6991c of this title; and
data on the number of underground storage tank equipment failures in the State.
Source credit: (Pub. L. 89–272, title II, § 9002, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3278; amended Pub. L. 99–499, title II, § 205(b), Oct. 17, 1986, 100 Stat. 1696; Pub. L. 109–58, title XV, § 1526(c), Aug. 8, 2005, 119 Stat. 1098.)
- 1984Enacted · Pub. L. 89-272 · 98 Stat. 3278
- 1986Amended · Pub. L. 99-499 · 100 Stat. 1696
- 2005Amended · Pub. L. 109-58 · 119 Stat. 1098
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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