42 U.S.C. § 6991d : US Code - Section 6991D: Inspections, monitoring, testing, and corrective action

Search 42 U.S.C. § 6991d : US Code - Section 6991D: Inspections, monitoring, testing, and corrective action

(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 subchapter, any owner or
operator of an underground storage tank (or any tank subject to
study under section 6991h of this title 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 6991b of this title 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 subchapter, 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, 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 chapter, or when relevant in any
proceeding under this chapter.
(2) Any person not subject to the provisions of section 1905 of
title 18 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 subchapter, 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 subchapter.
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 chapter 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).
(c) Inspection requirements
(1) Uninspected tanks
In the case of underground storage tanks regulated under this
subchapter that have not undergone an inspection since December
22, 1998, not later than 2 years after August 8, 2005, the
Administrator or a State that receives funding under this
subchapter, as appropriate, shall conduct on-site inspections of
all such tanks to determine compliance with this subchapter and
the regulations under this subchapter (40 CFR 280) or a
requirement or standard of a State program developed under
section 6991c of this title.
(2) Periodic inspections
After completion of all inspections required under paragraph
(1), the Administrator or a State that receives funding under
this subchapter, as appropriate, shall conduct on-site
inspections of each underground storage tank regulated under this
subchapter at least once every 3 years to determine compliance
with this subchapter and the regulations under this subchapter
(40 CFR 280) or a requirement or standard of a State program
developed under section 6991c of this title. The Administrator
may extend for up to one additional year the first 3-year
inspection interval under this paragraph if the State
demonstrates that it has insufficient resources to complete all
such inspections within the first 3-year period.
(3) Inspection authority
Nothing in this section shall be construed to diminish the
Administrator's or a State's authorities under subsection (a) of
this section.