Underground Storage Tanks

DEFINITIONS AND EXEMPTIONS

  Sec. 9001.  [6991]  For the purposes of this subtitle
 (1)  The term "underground storage tank" means any one or
combination of tanks (including underground pipes connected
thereto) which is used to contain an accumulation of regulated
substances, and the volume of which (including the volume of the
underground pipes connected thereto) is 10 per centum or more
beneath the surface of the ground.  Such term does not include any 
  (A)  farm or residential tank of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes, 
  (B)  tank used for storing heating oil for consumptive use on the
premises where stored, 
  (C)  septic tank,
  (D)  pipeline facility (including gathering lines),  
  (i)  which is regulated under the Natural Gas Pipeline Safety Act of
1968 (49 U.S.C. App. 1671, et seq.), 
  (ii)  which is regulated under the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), or 
  (iii) which is an intrastate pipeline facility regulated under
State laws provided in the provisions of law referred to in clause
(i) or (ii) of this subparagraph, and which is determined by the
Secretary to be connected to a pipeline or to be operated or
intended to be capable of operating at pipeline pressure or as an
integral part of a pipeline.
  (E)  surface impoundment, pit, pond, or lagoon, 
  (F)  storm water or waste water collection system, 
  (G)  flow-through process tank, 
  (H)  liquid trap or associated gathering lines directly related
to oil or gas production and gathering operations, or  
  (I)  storage tank situated in an underground area (such as a
basement, cellar, mineworking, drift, shaft, or tunnel) if the
storage tank is situated upon or above the surface of the floor. 
 
The term "underground storage tank" shall not include any pipes
connected to any tank which is described in subparagraphs (A)
through (I). 
  (2)  The term "regulated substance" means 
  (A)  any substance defined in section 101(14) of the
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (but not including any substance regulated as
a hazardous waste under subtitle C), and 
  (B)  petroleum. 
  (3)  The term "owner" means 
  (A)  in the case of an underground storage tank in use on the
date of enactment of the Hazardous and Solid Waste Amendments of
1984, or brought into use after that date, any person who owns an
underground storage tank used for the storage, use, or dispensing
of regulated substances, and 
  (B)  in the case of any underground storage tank in use before
the date of enactment of the Hazardous and Solid Waste Amendments
of 1984, but no longer in use on the date of enactment of such
Amendments, any person who owned such tank immediately before the
discontinuation of its use. 
  (4)  The term "operator" means any person in control of, or
having responsibility for, the daily operation of the 
underground storage tank. 
  (5)  The term "release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing from an underground
storage tank into ground water, surface water or subsurface soils. 
  (6)  The term "person" has the same meaning as provided in
section 1004(15), except that such term includes a 
consortium, a joint venture, and a commercial entity, and the
United States Government. 
  (7)  The term "nonoperational storage tank" means any underground
storage tank in which regulated substances will not be deposited or
from which regulated substances will not be dispensed after the
date of the enactment of the Hazardous and Solid Waste Amendments
of 1984. 
  (8)  The term "petroleum" means petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per
square inch absolute). 
 
Date     :10/17/1986

NOTIFICATION 
 
  Sec. 9002.  [6991a]  
  (a)  UNDERGROUND STORAGE TANKS -- (1)  
Within 18 months after the date of enactment of the Hazardous 
and Solid Waste Amendments of 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. 
  (2)(A)  For each underground storage tank taken out of 
operation after January 1, 1974, the owner of such tank 
shall, within eighteen months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 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. 
  (B)  Notice under subparagraph (A) shall specify, to the 
extent known to the owner 
  (i)  the date the tank was taken out of operation, 
  (ii)  the age of the tank on the date taken out of 
operation, 
  (iii)  the size, type and location of the tank, and 
  (iv)  the type and quantity of substances left stored in 
such tank on the date taken out of operation. 
  (3)  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. 
  (4)  Paragraphs (1) through (3) of this subsection shall 
not apply to tanks for which notice was given pursuant to 
section 103(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980. 
  (5)  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. 
  (6)  Beginning thirty days after the Administrator issues 
new tank performance standards pursuant to section 9003(e) of 
this subtitle, 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. 
  (b)  AGENCY DESIGNATION -- (1)  Within one hundred and 
eighty days after the enactment of the Hazardous and Solid 
Waste Amendments of 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). 
  (2)  Within twelve months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 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. 
  (c)  STATE INVENTORIES -- Each State shall make two 
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 the 
enactment of the Superfund Amendments and Reauthorization Act 
of 1986. 
 
Date     :10/17/1986
  RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS 
 
  Sec. 9003.  [6991b]  (a)  REGULATIONS -- The Administrator, 
after notice and opportunity for public comment, and at least 
three months before the effective dates specified in 
subsection (f), shall promulgate release detection, 
prevention, and correction regulations applicable to all 
owners and operators of underground storage tanks, as may be 
necessary to protect human health and the environment. 
  (b)  DISTINCTIONS IN REGULATIONS -- In promulgating 
regulations under this section, the Administrator may 
distinguish between types, classes, and ages of underground 
storage tanks.  In making such distinctions, the 
Administrator may take into consideration factors, including, 
but not limited to:  location of the tanks, soil and climate 
conditions, uses of the tanks, history of maintenance, age of 
the tanks, current industry recommended practices, national 
consensus codes, hydrogeology, water table, size of the 
tanks, quantity of regulated substances periodically 
deposited in or dispensed from the tank, the technical 
capability of the owners and operators, and the compatibility 
of the regulated substance and the materials of which the 
tank is fabricated. 
  (c)  REQUIREMENTS --  The regulations promulgated pursuant 
to this section shall include, but need not be limited to, 
the following requirements respecting all underground storage 
tanks 
  (1)  requirements for maintaining a leak detection system, 
an inventory control system together with tank testing, or a 
comparable system or method designed to identify releases in 
a manner consistent with the protection of human health and 
the environment; 
  (2)  requirements for maintaining records of any monitoring 
or leak detection system or inventory control system or tank 
testing or comparable system; 
  (3)  requirements for reporting of releases and corrective 
action taken in response to a release from an underground 
storage tank; 
  (4)  requirements for taking corrective action in response 
to a release from an underground storage tank; 
  (5)  requirements for the closure of tanks to prevent 
future releases of regulated substances into the environment; 
and 
  (6)  requirements for maintaining evidence for financial 
responsibility for taking corrective action and compensating 
third parties for bodily injury and property damage caused by 
sudden and nonsudden accidental releases arising from 
operating an underground storage tank. 
  (d)  FINANCIAL RESPONSIBILITY -- (1)  Financial 
responsibility required by this subsection may be established 
in accordance with regulations promulgated by the 
Administrator by any one, or any combination, of the 
following:  insurance, guarantee, surety bond, letter of 
credit, qualification as a self-insurer.  In promulgating 
requirements under this subsection, the Administrator is 
authorized to specify policy or other contractual terms, 
conditions, or defenses which are necessary or are 
unacceptable in establishing such evidence of financial 
responsibility in order to effectuate the purposes of this 
subtitle or any other method satisfactory to the 
Administrator. 
  (2)  In any case where the owner or operator is in 
bankruptcy, reorganization, or arrangement pursuant to the 
Federal Bankruptcy Code or where with reasonable diligence 
jurisdiction in any State court of the Federal Courts cannot 
be obtained over an owner or operator likely to be solvent at 
the time of judgment, any claim arising from conduct for 
which evidence of financial responsibility must be provided 
under this subsection may be asserted directly against the 
guarantor providing such evidence of financial 
responsibility.  In the case of any action pursuant to this 
paragraph such guarantor shall be entitled to invoke all 
rights and defenses which would have been available to the 
owner or operator if any action had been brought against the 
owner or operator by the claimant and which would have been 
available to the guarantor if an action had been brought 
against the guarantor by the owner or operator. 
  (3)  The total liability of any guarantor shall be limited 
to the aggregate amount which the guarantor has provided as 
evidence of financial responsibility to the owner or operator 
under this section.  Nothing in this subsection shall be 
construed to limit any other State or Federal statutory, 
contractual or common law liability of a guarantor to its 
owner or operator including, but not limited to, the 
liability of such guarantor for bad faith either in 
negotiating or in failing to negotiate the settlement of any 
##claim.  Nothing in this subsection shall be construed to 
diminish the liability of any person under section 107 or 111 
of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 or other applicable law. 
  (4)  For the purpose of this subsection, the term 
"guarantor" means any person, other than the owner or 
operator, who provides evidence of financial responsibility 
for an owner or operator under this subsection. 
  (5)(A)  The Administrator, in promulgating financial 
responsibility regulations under this section, may establish 
an amount of coverage for particular classes or categories of 
underground storage tanks containing petroleum which shall 
satisfy such regulations and which shall not be less than 
$1,000,000 for each occurrence with an appropriate aggregate 
requirement. 
  (B)  The Administrator may set amounts lower than the 
amounts required by subparagraph (A) of this paragraph for 
underground storage tanks containing petroleum which are at 
facilities not engaged in petroleum production, refining, or 
marketing and which are not used to handle substantial 
quantities of petroleum. 
  (C)  In establishing classes and categories for purposes of 
this paragraph, the Administrator may consider the following 
factors: 
  (i)  The size, type, location, storage, and handling 
capacity of underground storage tanks in the class or 
category and the volume of petroleum handled by such tanks. 
  (ii)  The likelihood of release and the potential extent of 
damage from any release from underground storage tanks in the 
class or category. 
  (iii)  The economic impact of the limits on the owners and 
operators of each such class or category, particularly 
relating to the small business segment of the petroleum 
marketing industry. 
  (iv)  The availability of methods of financial 
responsibility in amounts greater than the amount established 
by this paragraph. 
  (v)  Such other factors as the Administrator deems 
pertinent. 
  (D)  The Administrator may suspend enforcement of the 
financial responsibility requirements for a particular class 
or category of underground storage tanks or in a particular 
State, if the Administrator makes a determination that 
methods of financial responsibility satisfying the 
requirements of this subsection are not generally available 
for underground storage tanks in that class or category; and 
  (i)  steps are being taken to form a risk retention group 
for such class of tanks; or 
  (ii)  such State is taking steps to establish a fund 
pursuant to section 9004(c)(1) of this Act to be submitted as 
evidence of financial responsibility. 
 
A suspension by the Administrator pursuant to this paragraph 
shall extend for a period not to exceed 180 days.  A 
determination to suspend may be made with respect to the same 
class or category or for the same State at the end of such 
period, but only if substantial progress had been made in 
establishing a risk retention group, or the owners or 
operators in the class or category demonstrate and the 
Administrator finds, that the formation of such a group is 
not possible and that the State is unable or unwilling to 
establish such a fund pursuant to clause (ii). 
  (e)  NEW TANK PERFORMANCE STANDARDS -- The Administrator 
shall, not later than three months prior to the effective 
date specified in subsection (f), issue performance standards 
for underground storage tanks brought into use on or after 
the effective date of such standards.  The performance 
standards for new underground storage tanks shall include, 
but need not be limited to, design, construction, 
installation, release detection, and compatibility standards. 
  (f)  EFFECTIVE DATES --  (1)  Regulations issued pursuant 
to subsection (c) and (d) of this section, and standards 
issued pursuant to subsection (e) of this section, for 
underground storage tanks containing regulated substances 
defined in section 9001(2)(B) (petroleum, including crude oil 
or any fraction thereof which is liquid at standard 
conditions of temperature and pressure) shall be effective 
not later than thirty months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 1984. 
  (2)  Standards issued pursuant to subsection (e) of this 
section (entitled "New Tank Performance Standards") for 
underground storage tanks containing regulated substances 
defined in section 9001(2)(A) shall be effective not later 
than thirty-six months after the date of enactment of the 
Hazardous and Solid Waste Amendments of 1984. 
  (3)  Regulations issued pursuant to subsection (c) of this 
section (entitled "Requirements") and standards issued 
pursuant to subsection (d) of this section (entitled 
"Financial Responsibility) for underground storage tanks 
containing regulated substances defined in section 9001(2)(A) 
shall be effective not later than forty-eight months after 
the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984. 
  (g)  INTERIM PROHIBITION -- (1)  Until the effective date 
of the standards promulgated by the Administrator under 
subsection (e) and after one hundred and eighty days after 
the date of the enactment of the Hazardous and Solid Waste 
Amendments of 1984, no person may install an underground 
storage tank for the purpose of storing regulated substances 
unless such tank (whether of single or double wall 
construction) 
  (A)  will prevent releases due to corrosion or structural 
failure for the operational life of the tank; 
  (B)  is cathodically protected against corrosion, 
constructed of noncorrosive material, steel clad with a 
noncorrosive material, or designed in a manner to prevent the 
release or threatened release of any stored substance; and 
  (C)  the material used in the construction or lining of the 
tank is compatible with the substance to be stored. 
  (2)  Notwithstanding paragraph (10), if soil tests conducted 
in accordance with ASTM Standard G57-78, or another standard 
approved by the Administrator, show that soil resistivity in 
an installation location is 12,000 ohm/cm or more (unless a 
more stringent standard is prescribed by the Administrator by 
rule), a storage tank without corrosion protection may be 
installed in that location during the period referred to in 
paragraph (1). 
  (h)  EPA RESPONSE PROGRAM FOR PETROLEUM 
  (1)  BEFORE REGULATIONS -- Before the effective date of 
regulations under subsection (c), the Administrator (or a 
State pursuant to paragraph (7)) is authorized to 
  (A)  required the owner or operator of an underground 
storage tank to undertake corrective action with respect to 
any release of petroleum when the Administrator (or the 
State) determines that such corrective action will be done 
properly and promptly by the owner or operator of the 
underground storage tank from which the release occurs; or 
  (B)  undertake corrective action with respect to any 
release of petroleum into the environment from an underground 
storage tank if such action is necessary, in the judgement of 
the Administrator (or the State), to protect human health and 
the environment. 
 
The corrective action undertaken or required by this 
paragraph shall be such as may be necessary to protect human 
health and the environment.  The Administrator shall use 
funds in the Leaking Underground Storage Tank Trust Fund for 
payment of costs incurred for corrective action under 
subparagraph (B), enforcement action under subparagraph (A), 
and cost recovery under paragraph (6) of this subsection.  
Subject to the priority requirements of paragraph (3), the 
Administrator (or the State) shall give priority in 
undertaking such actions under subparagraph (B) to cases 
where the Administrator (or the State) cannot identify a 
solvent owner or operator of the tank who will undertake 
action properly. 
  (2)  AFTER REGULATIONS -- Following the effective date of 
regulations under subsection (c), all actions or orders of 
the Administrator (or a State pursuant to paragraph (7)) 
described in paragraph (1) of this subsection shall be in 
conformity with such regulations.  Following such effective 
date, the Administrator (or the State) may undertake 
corrective action with respect to any release of petroleum 
into the environment from an underground storage tank only if 
such action is necessary, in the judgment of the 
Administrator (or the State), to protect human health and the 
environment and one or more of the following situations 
exists: 
  (A)  No person can be found, within 90 days or such shorter 
period as may be necessary to protect human health and the 
environment, who is 
  (i)  an owner or operator of the tank concerned, 
  (ii)  subject to such corrective action regulations, and 
  (iii)  capable of carrying out such corrective action 
properly. 
  (B)  A situation exists which requires prompt action by the 
Administrator (or the State) under this paragraph to protect 
human health and the environment. 
  (C)  Corrective action costs at a facility exceed the 
amount of coverage required by the Administrator pursuant to 
the provisions of subsections (c) and (d)(5) of this section, 
and considering the class or category of underground storage 
tank from which the release occurred, expenditures from the 
Leaking Underground Storage Tank Trust Fund are necessary to 
assure an effective corrective action. 
  (D)  The owner or operator of the tank has failed or 
refused to comply with an order of the Administrator under 
this subsection or section 9006 or with the order of a State 
under this subsection to comply with the corrective action 
regulations. 
  (3)  PRIORITY OF CORRECTIVE ACTIONS -- The Administrator 
(or a State pursuant to paragraph (7)) shall give priority in 
undertaking corrective actions under this subsection, and in 
issuing orders requiring owners or operators to undertake 
such actions, to releases of petroleum from underground 
storage tanks which pose the greatest threat to human health 
and the environment. 
  (4)  CORRECTIVE ACTION ORDERS -- The Administrator is 
authorized to issue orders to the owner or operator of an 
underground storage tank to carry out subparagraph (A) of 
paragraph (1) or to carry out regulations issued under 
subsection (c)(4).  A State acting pursuant to paragraph (7) 
of this subsection is authorized to carry out subparagraph 
(A) of paragraph (1) only until the State's program is 
approved by the Administrator under section 9004 of this 
subtitle.  Such orders shall be issued and enforced in the 
same manner and subject to the same requirements as orders 
under section 9006. 
  (5)  ALLOWABLE CORRECTIVE ACTIONS -- The corrective actions 
undertaken by the Administrator (or a State pursuant to 
paragraph (7)) under paragraph (1) or (2) may include 
temporary or permanent relocation of residents and 
alternative household water supplies.  In connection with the 
performance of any corrective action under paragraph (1) or 
(2), the Administrator may undertake an exposure assessment 
as defined in paragraph (10) of this subsection or provide 
for such an assessment in a cooperative agreement with a 
State pursuant to paragraph (7) of this subsection.  The 
costs of any such assessment may be treated as corrective 
action for purposes of paragraph (6), relating to cost 
recovery. 
  (6)  RECOVERY OF COSTS 
  (A)  IN GENERAL -- Whenever costs have been incurred by the 
Administrator, or by a State pursuant to paragraph (7), for 
undertaking corrective action or enforcement action with 
respect to the release of petroleum from an underground 
storage tank, the owner or operator of such tank shall be 
liable to the Administrator or the State for such costs.  The 
liability under this paragraph shall be construed to be the 
##standard of liability which obtains under section 311 of the 
Federal Water Pollution Control Act. 
  (B)  RECOVERY -- In determining the equities for seeking 
the recovery of costs under subparagraph (A), the 
Administrator (or a State pursuant to paragraph (7) of this 
subsection) may consider the amount of financial 
responsibility required to be maintained under subsections 
(c) and (d)(5) of this section and the factors considered in 
establishing such amount under subsection (d)(5). 
  (C)  EFFECT ON LIABILITY 
  (i)  NO TRANSFERS OF LIABILITY -- No indemnification, hold 
harmless, or similar agreement or conveyance shall be 
effective to transfer from the owner or operator of any 
underground storage tank or from any person who may be liable 
for a release or threat of release under this subsection, to 
any other person the liability imposed under this subsection.  
Nothing in this subsection shall bar any agreement to insure, 
hold harmless, or indemnify a party to such agreement for any 
liability under this section. 
  (ii)  NO BAR TO CAUSE OF ACTION -- Nothing in this 
subsection, including the provisions of clause (i) of this 
subparagraph, shall bar a cause of action that an owner or 
operator or any other person subject to liability under this 
section, or a guarantor, has or would have, by reason of 
subrogation or otherwise against any person. 
  (D)  FACILITY -- For purposes of this paragraph, the term 
"facility" means, with respect to any owner or operator, all 
underground storage tanks used for the storage of petroleum 
which are owned or operated by such owner or operator and 
located on a single parcel of property (or on any contiguous 
or adjacent property). 
  (7)  STATE AUTHORITIES 
  (A)  GENERAL -- A State may exercise the authorities in 
paragraphs (1) and (2) of this subsection, subject to the 
terms and conditions of paragraphs (3), (5), (9), (10), and 
(11), and including the authorities of paragraphs (4), (6), 
and (8) of this subsection if 
  (i)  the Administrator determines that the State has the 
capabilities to carry out effective corrective actions and 
enforcement activities; and 
  (ii)  the Administrator enters into a cooperative agreement 
with the State setting out the actions to be undertake by the 
State. 
 
The Administrator may provide funds from the Leaking 
Underground Storage Tank Trust Fund for the reasonable costs 
of the State's actions under the cooperative agreement. 
  (B)  COST SHARE -- Following the effective date of the 
regulations under subsection (c) of this section, the State 
shall pay 10 per centum of the cost of corrective actions 
undertaken either by the Administrator or by the State under 
a cooperative agreement, except that the Administrator may 
take corrective action at a facility where immediate action 
is necessary to respond to an imminent and substantial 
endangerment to human health or the environment if the State 
fails to pay the cost share. 
  (8)  EMERGENCY PROCUREMENT POWERS -- Notwithstanding any 
other provision of law, the Administrator may authorize use 
of such emergency procurement powers as he deems necessary. 
  (9)  DEFINITION OF OWNER -- As used in this subsection, the 
term "owner" does not include any person who, without 
participating in the management of an underground storage 
tank and otherwise not engaged in petroleum production, 
refining, and marketing, holds indicia of ownership primarily 
to protect the owner's security interest in the tank. 
  (10)  DEFINITION OF EXPOSURE ASSESSMENT -- As used in this 
subsection, the term "exposure assessment means an assessment 
to determine the extent of exposure of, or potential for 
exposure of, individuals to petroleum from a release from an 
underground storage tank based on such factors as the nature 
and extent of contamination and the existence of or potential 
for pathways of human exposure (including ground or surface 
water contamination, air emissions, and food chain 
contamination), the size of the community within the likely 
pathways of exposure, and the comparison of expected human 
exposure levels to the short-term and long-term health 
effects associated with identified contaminants and any 
available recommended exposure or tolerance limits for such 
contaminants.  Such assessment shall not delay corrective 
action to abate immediate hazards or reduce exposure. 
  (11)  FACILITIES WITHOUT FINANCIAL RESPONSIBILITY -- At any 
facility where the owner or operator has failed to maintain 
evidence of financial responsibility in amounts at least 
equal to the amounts established by subsection (d)(5)(A) of 
this section (or a lesser amount if such amount is applicable 
to such facility as a result of subsection (d)(5)(B) of this 
section) for whatever reason the Administrator shall expend 
no monies from the Leaking Underground Storage Tank Trust 
Fund to clean up releases at such facility pursuant to the 
provisions of paragraph (1) or (2) of this subsection.  At 
such facilities the Administrator shall use the authorities 
provided in subparagraph (A) of paragraph (1) and paragraph 
(4) of this subsection and section 9006 of this subtitle to 
order corrective action to clean up such releases.  States 
acting pursuant to paragraph (7) of this subsection shall use 
the authorities provided in subparagraph (A) of paragraph (1) 
and paragraph (4) of this subsection to order corrective 
action to clean up such releases.  Notwithstanding the 
provisions of this paragraph, the Administrator may use 
monies from the fund to take the corrective actions 
authorized by paragraph (5) of this subsection to protect 
human health at such facilities and shall seek full recovery 
of the costs of all such actions pursuant to the provisions 
of paragraph (6)(A) of this subsection and without 
consideration of the factors in paragraph (6)(B) of this 
subsection.  Nothing in this paragraph shall prevent the 
Administrator (or a State pursuant to paragraph (7) of this 
subsection) from taking corrective action at a facility where 
there is no solvent owner or operator or where immediate 
action is necessary to respond to an imminent and substantial 
endangerment of human health or the environment. 
 
Date     :10/17/1986

APPROVAL OF STATE PROGRAMS 

  Sec. 9004.  [6991c]  (a)  ELEMENTS OF STATE PROGRAM -- 
Beginning 30 months after the date of enactment of the 
Hazardous and Solid Waste Amendments of 1984, any State may, 
submit an underground storage tank release detection, 
prevention, and correction program for review and approval by 
the Administrator.  The program may cover tanks used to store 
regulated substances referred to in 9001(2) (A) or (B) or 
both.  A State program may be approved by the Administrator 
under this section only if the State demonstrates that the 
State program includes the following requirements and 
standards and provides for adequate enforcement of compliance 
with such requirements and standards 
  (1)  requirements for maintaining a leak detection system, 
an inventory control system together with tank testing, or a 
comparable system or method designed to identify releases in 
a manner consistent with the protection of human health and 
the environment; 
  (2)  requirements for maintaining records of any monitoring 
or leak detection system or inventory control system or tank 
testing system; 
  (3)  requirements for reporting of any releases and 
corrective action taken in response to a release from an 
underground storage tank; 
  (4)  requirements for taking corrective action in response 
to a release from an underground storage tank; 
  (5)  requirements for the closure of tanks to prevent 
future releases of regulated substances into the environment; 
  (6)  requirements for maintaining evidence of financial 
responsibility for taking corrective action and compensating 
third parties for bodily injury and property damage caused by 
sudden and nonsudden accidental releases arising from 
operating an underground storage tank; 
  (7)  standards of performance for new underground storage 
tanks; and 
  (8)  requirements 
  (A)  for notifying the appropriate State agency or 
department (or local agency or department) designated 
according to section 9002(b)(1) of the existence of any 
operational or non-operational underground storage tank; and 
  (B)  for providing the information required on the form 
issued pursuant to section 9002(b)(2). 

  (b)  FEDERAL STANDARDS -- (1)  A State program submitted 
under this section may be approved only if the requirements 
under paragraphs (1) through (7) of subsection (a) are no 
less stringent than the corresponding requirements standards 
promulgated by the Administrator pursuant to section 9003(a). 
  (2)(A)  A State program may be approved without regard to 
whether or not the requirements referred to in paragraphs 
(1), (2), (3), and (5) of subsection (a) are less stringent 
than the corresponding standards under section 9003(a) during 
the one-year period commencing on the date of promulgation of 
regulations under section 9003(a) if State regulatory action 
but no State legislative action is required in order to adopt 
a State program. 
  (B)  If such State legislative action is required, the 
State program may be approved without regard to whether or 
not the requirements referred to in paragraphs (1), (2), (3), 
and (5) of subsection (a) are less stringent than the 
corresponding standards under section 9003(a) during the two- 
year period commencing on the date of promulgation of 
regulations under section 9003(a) (and during an additional 
one-year period after such legislative action if regulations 
are required to be promulgated by the State pursuant to such 
legislative action). 

  (c)  FINANCIAL RESPONSIBILITY -- (1)  Corrective action and 
compensation programs administered by State or local agencies 
or departments may be submitted for approval under subsection 
(a)(6) as evidence of financial responsibility. 
  (2)  Financial responsibility required by this subsection 
may be established in accordance with regulations promulgated 
by the Administrator by any one, or any combination, of the 
following:  insurance, guarantee, surety bond, letter of 
credit, qualification as a self-insurer.  In promulgating 
requirements under this subsection, the Administrator is 
authorized to specify policy or other contractual terms 
including the amount of coverage required for various classes 
and categories of underground storage tanks pursuant to 
section 9003(d)(5), conditions, or defenses which are 
necessary or are unacceptable in establishing such evidence 
of financial responsibility in order to effectuate the 
purposes of this subtitle. 
  (3)  In any case where the owner or operator is in 
bankruptcy, reorganization, or arrangement pursuant to the 
Federal Bankruptcy Code or where with reasonable diligence 
jurisdiction in any State court of the Federal courts cannot 
be obtained over an owner or operator likely to be solvent at 
the time of judgment, any claim arising from conduct for 
which evidence of financial responsibility must be provided 
under this subsection may be asserted directly against the 
guarantor providing such evidence of financial 
responsibility.  In the case of any action pursuant to this 
paragraph such guarantor shall be entitled to invoke all 
rights and defenses which would have been available to the 
owner or operator if any action had been brought against the 
owner or operator by the claimant and which would have been 
available to the guarantor if an action had been brought 
against the guarantor by the owner or operator. 
  (4)  The total liability of any guarantor shall be limited 
to the aggregate amount which the guarantor has provided as 
evidence of financial responsibility to the owner or operator 
under this section.  Nothing in this subsection shall be 
construed to limit any other State or Federal statutory, 
contractual or common law liability of a guarantor to its 
owner or operator including, but not limited to, the 
liability of such guarantor for bad faith either in 
negotiating or in failing to negotiate the settlement of any 
claim.  Nothing in this subsection shall be construed to 
diminish the liability of any person under section 107 or 111 
of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 or other applicable law. 
  (5)  For the purpose of this subsection, the term 
"guarantor" means any person, other than the owner or 
operator, who provides evidence of financial responsibility 
for an owner or operator under this subsection. 

  (d)  EPA DETERMINATION -- (1)  Within one hundred and 
eighty days of the date of receipt of a proposed State 
program, the Administrator shall, after notice and 
opportunity for public comment, make a determination whether 
the State's program complies with the provisions of this 
section and provides for adequate enforcement of compliance 
with the requirements and standards adopted pursuant to this 
section. 
  (2)  If the Administrator determines that a State program 
complies with the provisions of this section and provides for 
adequate enforcement of compliance with the requirements and 
standards adopted pursuant to this section, he shall approve 
the State program in lieu of the Federal program and the 
State shall have primary enforcement responsibility with 
respect to requirements of its program. 

  (e)  WITHDRAWAL OF AUTHORIZATION -- Whenever the 
Administrator determines after public hearing that a State is 
not administering and enforcing a program authorized under 
this subtitle in accordance with the provisions of this 
section, he shall so notify the State.  If appropriate action 
is not taken with a reasonable time, not to exceed one 
hundred and twenty days after such notification, the 
Administrator shall withdraw approval of such program and 
reestablish the Federal program pursuant to this subtitle. 
 
Date     :10/17/1986

INSPECTIONS, MONITORING, TESTING, AND CORRECTIVE ACTION 
 
  Sec. 9005.  [[6991d]  (a)  FURNISHING INFORMATION -- For 
the purposes of developing or assisting in the development of 
any regulation, conducting any study taking any corrective 
action, or enforcing the provisions of this subtitle, any 
owner or operator of an underground storage tank (or any tank 
subject to study under section 9009 that is used for storing 
regulated substances) shall, upon request of any officer, 
employee or representative of the Environmental Protection 
Agency, duly designated by the Administrator, or upon request 
of any duly designated officer, employee, or representative 
of a State acting pursuant to subsection (h)(7) of section 
9003 or with an approved program, furnish information 
relating to such tanks, their associated equipment, their 
contents, conduct monitoring or testing, permit such officer 
at all reasonable times to have access to, and to copy all 
records relating to such tanks and permit such officer to 
have access for corrective action.  For the purposes of 
developing or assisting in the development of any regulation, 
conducting any study, taking corrective action, or enforcing 
the provisions of this subtitle, such officers, employees, or 
representatives are authorized 
  (1)  to enter at reasonable times any establishment or 
other place where an underground storage tank is located; 
  (2)  to inspect and obtain samples from any person of any 
regulated substances contained in such tank; 
  (3)  to conduct monitoring or testing of the tanks, 
associated equipment, contents, or surrounding soils, air, 
surface water or ground water, and 
  (4)  to take corrective action. 
 
Each such inspection shall be commenced and completed with 
reasonable promptness. 
  (b)  CONFIDENTIALITY -- (1)  Any records, reports, or 
information obtained from any persons under this section 
shall be available to the public, except that upon a showing 
satisfactory to the Administrator (or the State, as the case 
may be) by any person that records, reports, or information, 
or a particular part thereof, to which the Administrator (or 
the State, as the case may be) or any officer, employee, or 
representative thereof has access under this section if made 
public, would divulge information entitled to protection 
under section 1905 of title 18 of the United States Code, 
such information or particular portion thereof shall be 
considered confidential in accordance with the purposes of 
that section, except that such record, report, document, or 
information may be disclosed to other officers, employees, or 
authorized representatives of the United States concerned 
with carrying out this Act, or when relevant in any 
proceeding under this Act. 
  (2)  Any person not subject to the provisions of section 
1905 of title 18 of the United States Code who knowingly and 
willfully divulges or discloses any information entitled to 
protection under this subsection shall, upon conviction, be 
subject to a fine of not more than $5,000 or to imprisonment 
not to exceed one year, or both. 
  (3)  In submitting data under this subtitle, a person 
required to provide such data may 
  (A)  designate the data which such person believes is 
entitled to protection under this subsection, and 
  (B)  submit such designated data separately from other data 
submitted under this subtitle. 
 
A designation under this paragraph shall be made in writing 
and in such manner as the Administrator may prescribe. 
  (4)  Notwithstanding any limitation contained in this 
section, or any other provision of law, all information 
reported to, or otherwise obtained, by the Administrator (or 
any representative of the Administrator) under this Act shall 
be made available, upon written request of any duly 
authorized committee of the Congress, to such committee 
(including records, reports, or information obtained by 
representatives of the Environmental Protection Agency). 
 
Date     :10/17/1986

FEDERAL ENFORCEMENT 
 
  Sec. 9006.  [6991e]  (a)  COMPLIANCE ORDERS -- (1)  Except 
as provided in paragraph (2), whenever on the basis of any 
information, the Administrator determines that any person is 
in violation of any requirement of this subtitle, the 
Administrator may issue an order requiring compliance within 
a reasonable specified time period or the Administrator may 
commence a civil action in the United States district court 
in which the violation occurred for appropriate relief, 
including a temporary or permanent injunction. 
  (2)  In the case of a violation of any requirement of this 
subtitle where such violation occurs in a State with a 
program approved under section 9004, the Administrator shall 
give notice to the State in which such violation has occurred 
prior to issuing an order or commencing a civil action under 
this section. 
  (3)  If a violator fails to comply with an order under this 
subsection within the time specified in the order, he shall 
be liable for a civil penalty of not more than $25,000 for 
each day of continued noncompliance. 
  (b)  PROCEDURE -- Any order issued under this section shall 
become final unless, no later than thirty days after the 
order is served, the person or persons named therein request 
a public hearing.  Upon such request the Administrator shall 
promptly conduct a public hearing.  In connection with any 
proceeding under this section the Administrator may issue 
subpoenas for the attendance and testimony of witnesses and 
the production of relevant papers, books, and documents, and 
may promulgate rules for discovery procedures. 
  (c)  CONTENTS OF ORDER -- Any order issued under this 
section shall state with reasonable specificity the nature of 
the violation, specify a reasonable time for compliance, and 
assess a penalty, if any, which the Administrator determines 
is reasonable taking into account the seriousness of the 
violation and any good faith efforts to comply with the 
applicable requirements. 
  (d)  CIVIL PENALTIES -- (1)  Any owner who knowingly fails 
to notify or submits false information pursuant to section 
9002(a) shall be subject to a civil penalty not to exceed 
$10,000 for each tank for which notification is not given or 
false information is submitted. 
  (2)  Any owner or operator of an underground storage tank 
who fails to comply with 
  (A)  any requirement or standard promulgated by the 
Administrator under section 9003; 
  (B)  any requirement or standard of a State program 
approved pursuant to section  9004; or 
  (C)  the provisions of section 9003(g) (entitled "Interim 
Prohibition") shall be subject to a penalty not to exceed 
$10,000 for each tank for each day of violation. 
 
Date     :10/17/1986

FEDERAL FACILITIES 
 
  Sec. 9007.  [6991f]  (a)  APPLICATION OF SUBTITLE -- Each 
department, agency, and instrumentality of the executive, 
legislative, and judicial branches of the Federal Government 
having jurisdiction over any underground storage tank shall 
be subject to and comply with all Federal, State, interstate, 
and local requirements, applicable to such tank, both 
substantive and procedural, in the same manner, and to the 
same extent, as any other person is subject to such 
requirements, including payment of reasonable service 
charges.  Neither the United States, nor any agent, employee, 
or officer thereof, shall be immune or exempt from any 
process or sanction of any State or Federal court with 
respect to the enforcement of any such injunctive relief. 
  (b)  PRESIDENTIAL EXEMPTION -- The President may exempt any 
underground storage tanks of any department, agency, or 
instrumentality in the executive branch from compliance with 
such a requirement if he determines it to be in the paramount 
interest of the United States to do so.  No such exemption 
shall be granted due to lack of appropriation unless the 
President shall have specifically requested such 
appropriation as a part of the budgetary process and the 
Congress shall have failed to make available such requested 
appropriations.  Any exemption shall be for a period not in 
excess of one year, but additional exemptions may be granted 
for periods not to exceed one year upon the President's 
making a new determination.  The President shall report each 
January to the Congress all exemptions from the requirements 
of this section granted during the preceding calendar year, 
together with his reason for granting each such exemption. 
 
Date     :10/17/1986

STATE AUTHORITY 
 
  Sec. 9008.  [6991g]  Nothing in this subtitle shall 
preclude or deny any right of any State or political 
subdivision thereof to adopt or enforce any regulation, 
requirement, or standard of performance respecting 
underground storage tanks that is more stringent than a 
regulation, requirement, or standard of performance in effect 
under this subtitle or to impose any additional liability 
with respect to the release of regulated substances within 
such State or political subdivision. 
 
Date     :10/17/1986

STUDY OF UNDERGROUND STORAGE TANKS 
 
  Sec. 9009.  [6991h]  (a)  PETROLEUM TANKS -- Not later than 
twelve months after the date of enactment of the Hazardous 
and Solid Waste Amendments of 1984, the Administrator shall 
complete a study of underground storage tanks used for the 
storage of regulated substances defined in section 
9001(2)(B). 
  (b)  OTHER TANKS -- Not later than thirty-six months after 
the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984, the Administrator shall complete a study 
of all other underground storage tanks. 
  (c)  ELEMENTS OF STUDIES -- The studies under subsection 
(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 the date of enactment of the Hazardous and 
Solid Waste Amendments of 1984, the Administrator shall 
conduct a study regarding the tanks referred to in section 
9001(a) (A) and (B).  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 subtitle. 
  (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 2007(g). 
  (4)  For purposes of judicial review, a determination by 
the Administrator under this subsection shall be considered 
final agency action. 
 
Date     :10/17/1986

AUTHORIZATION OF APPROPRIATIONS 
 
  Sec. 9010.  [6991i]  For authorization of appropriations to 
carry out this subtitle, see section 2007(g).

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