
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6991c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
         SUBCHAPTER IX--REGULATION OF UNDERGROUND STORAGE TANKS
 
Sec. 6991c. Approval of State programs


(a) Elements of State program

    Beginning 30 months after November 8, 1984, any State may, 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 \1\ 
6991(2)(A) or (B) or both 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\ So in original. Probably should be ``in section''.
---------------------------------------------------------------------------
        (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; 
    and
        (8) requirements--
            (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.

(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) of this section are no less stringent than the corresponding 
requirements standards promulgated by the Administrator pursuant to 
section 6991b(a) of this title.
    (2)(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) of this section 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.
    (B) If such State legislative action is required, the 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) of 
this section are less stringent than the corresponding standards under 
section 6991b(a) of this title during the two-year period commencing on 
the date of promulgation of regulations under section 6991b(a) of this 
title (and during an additional one-year period after such legislative 
action if regulations are required to be promulgated by the State 
pursuant to such legislative action).

(c) Financial responsibility

    (1) Corrective action and compensation programs administered by 
State or local agencies or departments may be submitted for approval 
under subsection (a)(6) of this section as evidence of financial 
responsibility.
    (2) Financial responsibility required by this subsection may be 
established in accordance with regulations promulgated by the 
Administrator by any one, or any combination, of the following: 
insurance, guarantee, surety bond, letter of credit, qualification as a 
self-insurer or any other method satisfactory to the Administrator. In 
promulgating requirements under this subsection, the Administrator is 
authorized to specify policy or other contractual terms including the 
amount of coverage required for various classes and categories of 
underground storage tanks pursuant to section 6991b(d)(5) of this title, 
conditions, or defenses which are necessary or are unacceptable in 
establishing such evidence of financial responsibility in order to 
effectuate the purposes of this subchapter.
    (3) In any case where the owner or operator is in bankruptcy, 
reorganization, or arrangement pursuant to the Federal Bankruptcy Code 
or where with reasonable diligence jurisdiction in any State court of 
the Federal courts cannot be obtained over an owner or operator likely 
to be solvent at the time of judgment, any claim arising from conduct 
for which evidence of financial responsibility must be provided under 
this subsection may be asserted directly against the guarantor providing 
such evidence of financial responsibility. In the case of any action 
pursuant to this paragraph such guarantor shall be entitled to invoke 
all rights and defenses which would have been available to the owner or 
operator if any action had been brought against the owner or operator by 
the claimant and which would have been available to the guarantor if an 
action had been brought against the guarantor by the owner or operator.
    (4) The total liability of any guarantor shall be limited to the 
aggregate amount which the guarantor has provided as evidence of 
financial responsibility to the owner or operator under this section. 
Nothing in this subsection shall be construed to limit any other State 
or Federal statutory, contractual or common law liability of a guarantor 
to its owner or operator including, but not limited to, the liability of 
such guarantor for bad faith either in negotiating or in failing to 
negotiate the settlement of any claim. Nothing in this subsection shall 
be construed to diminish the liability of any person under section 9607 
or 9611 of this title or other applicable law.
    (5) For the purpose of this subsection, the term ``guarantor'' means 
any person, other than the owner or operator, who provides evidence of 
financial responsibility for an owner or operator under this subsection.

(d) EPA determination

    (1) Within one hundred and eighty days of the date of receipt of a 
proposed State program, the Administrator shall, after notice and 
opportunity for public comment, make a determination whether the State's 
program complies with the provisions of this section and provides for 
adequate enforcement of compliance with the requirements and standards 
adopted pursuant to this section.
    (2) If the Administrator determines that a State program complies 
with the provisions of this section and provides for adequate 
enforcement of compliance with the requirements and standards adopted 
pursuant to this section, he shall approve the State program in lieu of 
the Federal program and the State shall have primary enforcement 
responsibility with respect to requirements of its program.

(e) Withdrawal of authorization

    Whenever the Administrator determines after public hearing that a 
State is not administering and enforcing a program authorized under this 
subchapter in accordance with the provisions of this section, he shall 
so notify the State. If appropriate action is not taken within a 
reasonable time, not to exceed one hundred and twenty days after such 
notification, the Administrator shall withdraw approval of such program 
and reestablish the Federal program pursuant to this subchapter.

(Pub. L. 89-272, title II, Sec. 9004, as added Pub. L. 98-616, title VI, 
Sec. 601(a), Nov. 8, 1984, 98 Stat. 3282; amended Pub. L. 99-499, title 
II, Sec. 205(e), Oct. 17, 1986, 100 Stat. 1702.)

                       References in Text

    The Federal Bankruptcy Code, referred to in subsec. (c)(3), probably 
means a reference to Title 11, Bankruptcy.


                               Amendments

    1986--Subsec. (c)(1). Pub. L. 99-499, Sec. 205(e)(1), struck out 
``financed by fees on tank owners and operators and'' after 
``compensation programs''.
    Subsec. (c)(2). Pub. L. 99-499, Sec. 205(e)(2), struck out ``or'' 
after ``letter of credit,'' and inserted ``or any other method 
satisfactory to the Administrator'' and ``including the amount of 
coverage required for various classes and categories of underground 
storage tanks pursuant to section 6991b(d)(5) of this title''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6991b, 6991e of this title.
