
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: 42USC6991h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
         SUBCHAPTER IX--REGULATION OF UNDERGROUND STORAGE TANKS
 
Sec. 6991h. Study of underground storage tanks


(a) Petroleum tanks

    Not later than twelve months after November 8, 1984, the 
Administrator shall complete a study of underground storage tanks used 
for the storage of regulated substances defined in section 6991(2)(B) of 
this title.

(b) Other tanks

    Not later than thirty-six months after November 8, 1984, the 
Administrator shall complete a study of all other underground storage 
tanks.

(c) Elements of studies

    The studies under subsections (a) and (b) of this section shall 
include an assessment of the ages, types (including methods of 
manufacture, coatings, protection systems, the compatibility of the 
construction materials and the installation methods) and locations 
(including the climate of the locations) of such tanks; soil conditions, 
water tables, and the hydrogeology of tank locations; the relationship 
between the foregoing factors and the likelihood of releases from 
underground storage tanks; the effectiveness and costs of inventory 
systems, tank testing, and leak detection systems; and such other 
factors as the Administrator deems appropriate.

(d) Farm and heating oil tanks

    Not later than thirty-six months after November 8, 1984, the 
Administrator shall conduct a study regarding the tanks referred to in 
section 6991(1)(A) and (B) of this title. Such study shall include 
estimates of the number and location of such tanks and an analysis of 
the extent to which there may be releases or threatened releases from 
such tanks into the environment.

(e) Reports

    Upon completion of the studies authorized by this section, the 
Administrator shall submit reports to the President and to the Congress 
containing the results of the studies and recommendations respecting 
whether or not such tanks should be subject to the preceding provisions 
of this subchapter.

(f) Reimbursement

    (1) If any owner or operator (excepting an agency, department, or 
instrumentality of the United States Government, a State or a political 
subdivision thereof) shall incur costs, including the loss of business 
opportunity, due to the closure or interruption of operation of an 
underground storage tank solely for the purpose of conducting studies 
authorized by this section, the Administrator shall provide such person 
fair and equitable reimbursement for such costs.
    (2) All claims for reimbursement shall be filed with the 
Administrator not later than ninety days after the closure or 
interruption which gives rise to the claim.
    (3) Reimbursements made under this section shall be from funds 
appropriated by the Congress pursuant to the authorization contained in 
section 6916(g) \1\ of this title.
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    \1\ See References in Text note below.
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    (4) For purposes of judicial review, a determination by the 
Administrator under this subsection shall be considered final agency 
action.

(Pub. L. 89-272, title II, Sec. 9009, as added Pub. L. 98-616, title VI, 
Sec. 601(a), Nov. 8, 1984, 98 Stat. 3287.)

                       References in Text

    Section 6916(g) of this title, referred to in subsec. (f)(3), 
probably means section 6916(f) of this title which authorizes 
appropriations for this subchapter. There is no subsec. (g) of section 
6916.

                  Section Referred to in Other Sections

    This section is referred to in section 6991d of this title.
