42 U.S.C. § 6991a : US Code - Section 6991A: Notification

Search 42 U.S.C. § 6991a : US Code - Section 6991A: Notification

(a) Underground storage tanks
(1) 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 this section
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 November 8, 1984, notify the State or local
agency, or department designated pursuant to subsection (b)(1) of
this section 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 9603(c) of
this title.
(5) Beginning thirty days after the Administrator prescribes the
form of notice pursuant to subsection (b)(2) of this section 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 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.
(b) Agency designation
(1) 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) of this
section.
(2) Within twelve months after November 8, 1984, the
Administrator, in consultation with State and local officials
designated pursuant to subsection (b)(1) of this section, 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) of this section.
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 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.
(d) Public record
(1) In general
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.
(2) Considerations
To the maximum extent practicable, the public record of a
State, respectively, shall include, for each year -
(A) the number, sources, and causes of underground storage
tank releases in the State;
(B) the record of compliance by underground storage tanks in
the State with -
(i) this subchapter; or
(ii) an applicable State program approved under section
6991c of this title; and
(C) data on the number of underground storage tank equipment
failures in the State.