42 U.S.C. § 6991i : US Code - Section 6991I: Operator training

Search 42 U.S.C. § 6991i : US Code - Section 6991I: Operator training

(a) Guidelines
(1) In general
Not later than 2 years after August 8, 2005, in consultation
and cooperation with States and after public notice and
opportunity for comment, the Administrator shall publish
guidelines that specify training requirements for -
(A) persons having primary responsibility for on-site
operation and maintenance of underground storage tank systems;
(B) persons having daily on-site responsibility for the
operation and maintenance of underground storage tanks systems;
and
(C) daily, on-site employees having primary responsibility
for addressing emergencies presented by a spill or release from
an underground storage tank system.
(2) Considerations
The guidelines described in paragraph (1) shall take into
account -
(A) State training programs in existence as of the date of
publication of the guidelines;
(B) training programs that are being employed by tank owners
and tank operators as of August 8, 2005;
(C) the high turnover rate of tank operators and other
personnel;
(D) the frequency of improvement in underground storage tank
equipment technology;
(E) the nature of the businesses in which the tank operators
are engaged;
(F) the substantial differences in the scope and length of
training needed for the different classes of persons described
in subparagraphs (A), (B), and (C) of paragraph (1); and
(G) such other factors as the Administrator determines to be
necessary to carry out this section.
(b) State programs
(1) In general
Not later than 2 years after the date on which the
Administrator publishes the guidelines under subsection (a)(1) of
this section, each State that receives funding under this
subchapter shall develop State-specific training requirements
that are consistent with the guidelines developed under
subsection (a)(1) of this section.
(2) Requirements
State requirements described in paragraph (1) shall -
(A) be consistent with subsection (a) of this section;
(B) be developed in cooperation with tank owners and tank
operators;
(C) take into consideration training programs implemented by
tank owners and tank operators as of August 8, 2005; and
(D) be appropriately communicated to tank owners and
operators.
(3) Financial incentive
The Administrator may award to a State that develops and
implements requirements described in paragraph (1), in addition
to any funds that the State is entitled to receive under this
subchapter, not more than $200,000, to be used to carry out the
requirements.
(c) Training
All persons that are subject to the operator training
requirements of subsection (a) of this section shall -
(1) meet the training requirements developed under subsection
(b) of this section; and
(2) repeat the applicable requirements developed under
subsection (b) of this section, if the tank for which they have
primary daily on-site management responsibilities is determined
to be out of compliance with -
(A) a requirement or standard promulgated by the
Administrator under section 6991b of this title; or
(B) a requirement or standard of a State program approved
under section 6991c of this title.