42 U.S.C. § 6991k : US Code - Section 6991K: Delivery prohibition

Search 42 U.S.C. § 6991k : US Code - Section 6991K: Delivery prohibition

(a) Requirements
(1) Prohibition of delivery or deposit
Beginning 2 years after August 8, 2005, it shall be unlawful to
deliver to, deposit into, or accept a regulated substance into an
underground storage tank at a facility which has been identified
by the Administrator or a State implementing agency to be
ineligible for such delivery, deposit, or acceptance.
(2) Guidance
Within 1 year after August 8, 2005, the Administrator shall, in
consultation with the States, underground storage tank owners,
and product delivery industries, publish guidelines detailing the
specific processes and procedures they will use to implement the
provisions of this section. The processes and procedures include,
at a minimum -
(A) the criteria for determining which underground storage
tank facilities are ineligible for delivery, deposit, or
acceptance of a regulated substance;
(B) the mechanisms for identifying which facilities are
ineligible for delivery, deposit, or acceptance of a regulated
substance to the underground storage tank owning and fuel
delivery industries;
(C) the process for reclassifying ineligible facilities as
eligible for delivery, deposit, or acceptance of a regulated
substance;
(D) one or more processes for providing adequate notice to
underground storage tank owners and operators and supplier
industries that an underground storage tank has been determined
to be ineligible for delivery, deposit, or acceptance of a
regulated substance; and
(E) a delineation of, or a process for determining, the
specified geographic areas subject to paragraph (4).
(3) Compliance
States that receive funding under this subchapter shall, at a
minimum, comply with the processes and procedures published under
paragraph (2).
(4) Consideration
(A) Rural and remote areas
Subject to subparagraph (B), the Administrator or a State may
consider not treating an underground storage tank as ineligible
for delivery, deposit, or acceptance of a regulated substance
if such treatment would jeopardize the availability of, or
access to, fuel in any rural and remote areas unless an urgent
threat to public health, as determined by the Administrator,
exists.
(B) Applicability
Subparagraph (A) shall apply only during the 180-day period
following the date of a determination by the Administrator or
the appropriate State under subparagraph (A).
(b) Effect on State authority
Nothing in this section shall affect or preempt the authority of
a State to prohibit the delivery, deposit, or acceptance of a
regulated substance to an underground storage tank.
(c) Defense to violation
A person shall not be in violation of subsection (a)(1) of this
section if the person has not been provided with notice pursuant to
subsection (a)(2)(D) of this section of the ineligibility of a
facility for delivery, deposit, or acceptance of a regulated
substance as determined by the Administrator or a State, as
appropriate, under this section.