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42 U.S.C. § 6991k — Delivery prohibition

submitted 21 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 440 words · no verdicts yet

in plain englishAI-generated · not legal advice

Starting two years after August 8, 2005, delivery, deposit, or acceptance of regulated substances at a facility identified as ineligible is unlawful. The Administrator must publish implementation procedures, with rural-area considerations and a notice-based defense.

(a)(1) Beginning 2 years after August 8, 2005, no one may deliver, deposit, or accept a regulated substance into a tank at a facility the Administrator or a State agency has identified as ineligible for that activity. (2) Within 1 year, after consulting States, tank owners, and delivery industries, the Administrator must publish procedures covering eligibility criteria; ways to identify ineligible facilities to owners and delivery industries; reclassification; adequate notice to owners, operators, and suppliers; and the geographic areas covered by paragraph (4). (3) Funded States must at least follow those procedures. (4)(A) Unless the Administrator finds an urgent public-health threat, the Administrator or State may consider not declaring a facility ineligible if doing so would threaten fuel availability or access in rural or remote areas. (B) That consideration applies only during the 180 days after the determination.

(b) This section does not limit or preempt a State’s authority to prohibit delivery, deposit, or acceptance.

(c) A person does not violate paragraph (1) if the person was not given the notice required by subsection (a)(2)(D).

the actual law source: uscode.house.gov ↗public domain
(a) Requirements
(1) Prohibition of delivery or deposit

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) Guidance

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) Compliance

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

(4) Consideration
(A) Rural and remote areas

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) Applicability

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) Effect on State authority

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) Defense to violation

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.

Source credit: (Pub. L. 89–272, title II, § 9012, as added Pub. L. 109–58, title XV, § 1527(a), Aug. 8, 2005, 119 Stat. 1098; amended Pub. L. 109–168, § 1(a)(1), Jan. 10, 2006, 119 Stat. 3580.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 89-272 · 119 Stat. 1098
  • 2006Amended · Pub. L. 109-168 · 119 Stat. 3580

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 2005-08-08.

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