42 U.S.C. § 6991h — Study of underground storage tanks

submitted 42 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 422 words · no verdicts yet

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The Administrator must study petroleum tanks, other underground storage tanks, and certain farm and heating-oil tanks. The studies must address release risks, controls, and whether the tanks should be regulated.

(a) The Administrator must finish a study of underground tanks holding section 6991(7)(B) regulated substances within 12 months after November 8, 1984. (b) Within 36 months after that date, the Administrator must finish a study of all other underground tanks. (c) Both studies must assess tank age, type, manufacture, coatings, protection, material compatibility, installation methods, location and climate; soil, water table, and hydrogeology; how those factors affect release likelihood; the effectiveness and cost of inventory systems, tank tests, and leak detection; and other factors the Administrator finds appropriate. (d) Within 36 months, the Administrator must study the farm and heating-oil tanks described in section 6991(10)(A) and (B), including their estimated number and locations and possible or actual environmental releases. (e) After each study, the Administrator must report the results and recommendations to the President and Congress, including whether the tanks should be subject to this subchapter’s earlier provisions. (f)(1) Except for Federal, State, and local governmental entities, an owner or operator who loses money or business opportunity because a tank is closed or its operation interrupted solely for an authorized study must receive fair and equitable reimbursement. (2) A claim must be filed within 90 days after the closure or interruption. (3) Reimbursement comes from congressional appropriations authorized by section 6916(g). (4) The Administrator’s decision is final agency action for judicial-review purposes.

the actual law source: uscode.house.gov ↗public domain

(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.

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) 1 of this title.

(4)

For purposes of judicial review, a determination by the Administrator under this subsection shall be considered final agency action.

Source credit: (Pub. L. 89–272, title II, § 9009, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L. 109–58, title XV, § 1532(b)(3), Aug. 8, 2005, 119 Stat. 1105.)

history & why it existsrecord from the source credit

1984Enacted · Pub. L. 89-272 · 98 Stat. 3287
2005Amended · Pub. L. 109-58 · 119 Stat. 1105

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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