42 U.S.C. § 6991h : US Code - Section 6991H: Study of underground storage tanks

Search 42 U.S.C. § 6991h : US Code - Section 6991H: Study of underground storage tanks

(a) Petroleum tanks
Not later than twelve months after November 8, 1984, the
Administrator shall complete a study of underground storage tanks
used for the storage of regulated substances defined in section
6991(7)(B) of this title.
(b) Other tanks
Not later than thirty-six months after November 8, 1984, the
Administrator shall complete a study of all other underground
storage tanks.
(c) Elements of studies
The studies under subsections (a) and (b) of this section 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 November 8, 1984, the
Administrator shall conduct a study regarding the tanks referred to
in subparagraphs (A) and (B) of section 6991(10) of this title.
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 subchapter.
(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 6916(g) (!1) of this title.
(4) For purposes of judicial review, a determination by the
Administrator under this subsection shall be considered final
agency action.