42 U.S.C. § 6991c : US Code - Section 6991C: Approval of State programs

Search 42 U.S.C. § 6991c : US Code - Section 6991C: Approval of State programs

(a) Elements of State program
Beginning 30 months after November 8, 1984, any State may,(!1)
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 subparagraph (A) or (B) of section
6991(7) of this title. 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;
(8) requirements -
(A) for notifying the appropriate State agency or department
(or local agency or department) designated according to section
6991a(b)(1) of this title 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 6991a(b)(2) of this title; and
(9) State-specific training requirements as required by section
6991i of this title.
(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) of this section are no less stringent than the
corresponding requirements standards promulgated by the
Administrator pursuant to section 6991b(a) of this title.
(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) of this section are less stringent than
the corresponding standards under section 6991b(a) of this title
during the one-year period commencing on the date of promulgation
of regulations under section 6991b(a) of this title 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) of this section are less stringent than the
corresponding standards under section 6991b(a) of this title during
the two-year period commencing on the date of promulgation of
regulations under section 6991b(a) of this title (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) of this section 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 or any other method satisfactory to the
Administrator. 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 6991b(d)(5) of this title, conditions, or
defenses which are necessary or are unacceptable in establishing
such evidence of financial responsibility in order to effectuate
the purposes of this subchapter.
(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 9607 or 9611 of
this title 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.
(6) Withdrawal of approval. - After an opportunity for good
faith, collaborative efforts to correct financial deficiencies with
a State fund, the Administrator may withdraw approval of any State
fund or State assurance program to be used as a financial
responsibility mechanism without withdrawing approval of a State
underground storage tank program under subsection (a) of this
section.
(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 subchapter in accordance with the provisions of this section,
he shall so notify the State. If appropriate action is not taken
within 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 subchapter.
(f) Trust Fund distribution
(1) In general
(A) Amount and permitted uses of distribution
The Administrator shall distribute to States not less than 80
percent of the funds from the Trust Fund that are made
available to the Administrator under section 6991m(2)(A) of
this title for each fiscal year for use in paying the
reasonable costs, incurred under a cooperative agreement with
any State for -
(i) corrective actions taken by the State under section
6991b(h)(7)(A) of this title;
(ii) necessary administrative expenses, as determined by
the Administrator, that are directly related to State fund or
State assurance programs under subsection (c)(1) of this
section; or
(iii) enforcement, by a State or a local government, of
State or local regulations pertaining to underground storage
tanks regulated under this subchapter.
(B) Use of funds for enforcement
In addition to the uses of funds authorized under
subparagraph (A), the Administrator may use funds from the
Trust Fund that are not distributed to States under
subparagraph (A) for enforcement of any regulation promulgated
by the Administrator under this subchapter.
(C) Prohibited uses
Funds provided to a State by the Administrator under
subparagraph (A) shall not be used by the State to provide
financial assistance to an owner or operator to meet any
requirement relating to underground storage tanks under
subparts B, C, D, H, and G of part 280 of title 40, Code of
Federal Regulations (as in effect on August 8, 2005).
(2) Allocation
(A) Process
Subject to subparagraphs (B) and (C), in the case of a State
with which the Administrator has entered into a cooperative
agreement under section 6991b(h)(7)(A) of this title, the
Administrator shall distribute funds from the Trust Fund to the
State using an allocation process developed by the
Administrator.
(B) Diversion of State funds
The Administrator shall not distribute funds under
subparagraph (A)(iii) of subsection (f)(1) of this section to
any State that has diverted funds from a State fund or State
assurance program for purposes other than those related to the
regulation of underground storage tanks covered by this
subchapter, with the exception of those transfers that had been
completed earlier than August 8, 2005.
(C) Revisions to process
The Administrator may revise the allocation process referred
to in subparagraph (A) after -
(i) consulting with State agencies responsible for
overseeing corrective action for releases from underground
storage tanks; and
(ii) taking into consideration, at a minimum, each of the
following:
(I) The number of confirmed releases from federally
regulated leaking underground storage tanks in the States.
(II) The number of federally regulated underground
storage tanks in the States.
(III) The performance of the States in implementing and
enforcing the program.
(IV) The financial needs of the States.
(V) The ability of the States to use the funds referred
to in subparagraph (A) in any year.
(3) Distributions to State agencies
Distributions from the Trust Fund under this subsection shall
be made directly to a State agency that -
(A) enters into a cooperative agreement referred to in
paragraph (2)(A); or
(B) is enforcing a State program approved under this section.