
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6991d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
         SUBCHAPTER IX--REGULATION OF UNDERGROUND STORAGE TANKS
 
Sec. 6991d. Inspections, monitoring, testing, and corrective 
        action
        

(a) Furnishing information

    For the purposes of developing or assisting in the development of 
any regulation, conducting any study \1\ taking any corrective action, 
or enforcing the provisions of this subchapter, any owner or operator of 
an underground storage tank (or any tank subject to study under section 
6991h of this title that is used for storing regulated substances) 
shall, upon request of any officer, employee or representative of the 
Environmental Protection Agency, duly designated by the Administrator, 
or upon request of any duly designated officer, employee, or 
representative of a State acting pursuant to subsection (h)(7) of 
section 6991b of this title or with an approved program, furnish 
information relating to such tanks, their associated equipment, their 
contents, conduct monitoring or testing, permit such officer at all 
reasonable times to have access to, and to copy all records relating to 
such tanks and permit such officer to have access for corrective action. 
For the purposes of developing or assisting in the development of any 
regulation, conducting any study, taking corrective action, or enforcing 
the provisions of this subchapter, such officers, employees, or 
representatives are authorized--
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    \1\ So in original. Probably should be followed by a comma.
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        (1) to enter at reasonable times any establishment or other 
    place where an underground storage tank is located;
        (2) to inspect and obtain samples from any person of any 
    regulated substances contained in such tank;
        (3) to conduct monitoring or testing of the tanks, associated 
    equipment, contents, or surrounding soils, air, surface water or 
    ground water; and
        (4) to take corrective action.

Each such inspection shall be commenced and completed with reasonable 
promptness.

(b) Confidentiality

    (1) Any records, reports, or information obtained from any persons 
under this section shall be available to the public, except that upon a 
showing satisfactory to the Administrator (or the State, as the case may 
be) by any person that records, reports, or information, or a particular 
part thereof, to which the Administrator (or the State, as the case may 
be) or any officer, employee, or representative thereof has access under 
this section if made public, would divulge information entitled to 
protection under section 1905 of title 18, such information or 
particular portion thereof shall be considered confidential in 
accordance with the purposes of that section, except that such record, 
report, document, or information may be disclosed to other officers, 
employees, or authorized representatives of the United States concerned 
with carrying out this chapter, or when relevent \2\ in any proceeding 
under this chapter.
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    \2\ So in original. Probably should be ``relevant''.
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    (2) Any person not subject to the provisions of section 1905 of 
title 18 who knowingly and willfully divulges or discloses any 
information entitled to protection under this subsection shall, upon 
conviction, be subject to a fine of not more than $5,000 or to 
imprisonment not to exceed one year, or both.
    (3) In submitting data under this subchapter, a person required to 
provide such data may--
        (A) designate the data which such person believes is entitled to 
    protection under this subsection, and
        (B) submit such designated data separately from other data 
    submitted under this subchapter.

A designation under this paragraph shall be made in writing and in such 
manner as the Administrator may prescribe.
    (4) Notwithstanding any limitation contained in this section or any 
other provision of law, all information reported to, or otherwise 
obtained, by the Administrator (or any representative of the 
Administrator) under this chapter shall be made available, upon written 
request of any duly authorized committee of the Congress, to such 
committee (including records, reports, or information obtained by 
representatives of the Evironmental \3\ Protection Agency).
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    \3\ So in original. Probably should be ``Environmental''.
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(Pub. L. 89-272, title II, Sec. 9005, as added Pub. L. 98-616, title VI, 
Sec. 601(a), Nov. 8, 1984, 98 Stat. 3284; amended Pub. L. 99-499, title 
II, Sec. 205(f), Oct. 17, 1986, 100 Stat. 1702.)


                               Amendments

    1986--Pub. L. 99-499, Sec. 205(f)(3), inserted reference to 
corrective action in section catchline.
    Subsec. (a). Pub. L. 99-499, Sec. 205(f)(1), in first sentence, 
inserted ``taking any corrective action'' after ``conducting any 
study'', inserted ``acting pursuant to subsection (h)(7) of section 
6991b of this title or'', struck out ``and'' before ``permit such 
officer'', and inserted ``and permit such officer to have access for 
corrective action'', and in second sentence, inserted ``taking 
corrective action,'' after ``study,''. The amendment directing insertion 
of ``taking any corrective action'' after ``study'' in first sentence 
was executed by inserting that language after ``conducting any study'' 
rather than after ``subject to study'', as the probable intent of 
Congress.
    Subsec. (a)(4). Pub. L. 99-499, Sec. 205(f)(2), added par. (4).
