42 U.S.C. § 6991c - Approval of State programs
|Cite as:||42 U.S.C. § 6991c|
|Currency:||Current through P.L. 116-65 (10/09/2019)|
(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;
(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) are no less stringent than the corresponding requirements standards promulgated by the Administrator pursuant to section 6991b(a) of this title.
(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) 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.
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