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Title 42 — The Public Health and Welfare

Chapter 82 — Solid Waste Disposal

§ 6991i. Operator training

Statutory text

(a)

Guidelines

(1)

In general

Not later than 2 years after , in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for—

(A)

persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;

(B)

persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and

(C)

daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.

(2)

Considerations

The guidelines described in paragraph (1) shall take into account—

(A)

State training programs in existence as of the date of publication of the guidelines;

(B)

training programs that are being employed by tank owners and tank operators as of ;

(C)

the high turnover rate of tank operators and other personnel;

(D)

the frequency of improvement in underground storage tank equipment technology;

(E)

the nature of the businesses in which the tank operators are engaged;

(F)

the substantial differences in the scope and length of training needed for the different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and

(G)

such other factors as the Administrator determines to be necessary to carry out this section.

(b)

State programs

(1)

In general

Not later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines developed under subsection (a)(1).

(2)

Requirements

State requirements described in paragraph (1) shall—

(A)

be consistent with subsection (a);

(B)

be developed in cooperation with tank owners and tank operators;

(C)

take into consideration training programs implemented by tank owners and tank operators as of ; and

(D)

be appropriately communicated to tank owners and operators.

(3)

Financial incentive

The Administrator may award to a State that develops and implements requirements described in paragraph (1), in addition to any funds that the State is entitled to receive under this subchapter, not more than $200,000, to be used to carry out the requirements.

(c)

Training

All persons that are subject to the operator training requirements of subsection (a) shall—

(1)

meet the training requirements developed under subsection (b); and

(2)

repeat the applicable requirements developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with—

(A)

a requirement or standard promulgated by the Administrator under section 6991b of this title; or

(B)

a requirement or standard of a State program approved under section 6991c of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–272 title II § 9010 · 79 Stat. 992

    Enacted · 42 U.S.C. § 6991i

    Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287

    Source evidence

    Code source credit
    Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287

  2. Underground Storage Tank Compliance Act

    Pub. L. 109–58 title XV § 1524(a) · 119 Stat. 594

    Amended · 42 U.S.C. § 6991i

    Pub. L. 109–58 amended section catchline and text generally. Prior to amendment, text read as follows: “For authorization of appropriations to carry out this subchapter, see section 6916(g) of this title.”

    Source evidence

    Code amendment note
    Pub. L. 109–58 amended section catchline and text generally. Prior to amendment, text read as follows: “For authorization of appropriations to carry out this subchapter, see section 6916(g) of this title.”

    Enacted provision · exact public law section
    (a) In General.— Section 9010 of the Solid Waste Disposal Act (42 U.S.C. 6991i) is amended to read as follows: “SEC. 9010. OPERATOR TRAINING. “(a) Guidelines.— “(1) In general.— Not later than 2 years after the date of enactment of the Underground Storage Tank Compliance Act, in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for— “(A) persons having primary responsibility for on-site operation and maintenance of underground storage tank systems; “(B) persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and “(C) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system. “(2) Considerations.— The guidelines described in paragraph (1) shall take into account— “(A) State training programs in existence as of the date of publication of the guidelines; “(B) training programs that are being employed by tank owners and tank operators as of the date of enactment of the Underground Storage Tank Compliance Act; “(C) the high turnover rate of tank operators and other personnel; “(D) the frequency of improvement in underground storage tank equipment technology; “(E) the nature of the businesses in which the tank operators are engaged; “(F) the substantial differences in the scope and length of training needed for the different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and “(G) such other factors as the Administrator determines to be necessary to carry out this section. “(b) State Programs.— “(1) In general.— Not later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subtitle shall develop State-specific training requirements that are consistent with the guidelines developed under subsection (a)(1). “(2) Requirements.— State requirements described in paragraph (1) shall— “(A) be consistent with subsection (a); “(B) be developed in cooperation with tank owners and tank operators; “(C) take into consideration training programs implemented by tank owners and tank operators as of the date of enactment of this section; and “(D) be appropriately communicated to tank owners and operators. “(3) Financial incentive.— The Administrator may award to a State that develops and implements requirements described in paragraph (1), in addition to any funds that the State is entitled to receive under this subtitle, not more than $200,000, to be used to carry out the requirements. “(c) Training.— All persons that are subject to the operator training requirements of subsection (a) shall— “(1) meet the training requirements developed under subsection (b); and “(2) repeat the applicable requirements developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with— “(A) a requirement or standard promulgated by the Administrator under section 9003; or “(B) a requirement or standard of a State program approved under section 9004.” .

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

, referred to in subsec. (b)(2)(C), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of Pub. L. 109–58, which amended this section generally, to reflect the probable intent of Congress.

Amendments

2005—Pub. L. 109–58 amended section catchline and text generally. Prior to amendment, text read as follows: “For authorization of appropriations to carry out this subchapter, see section 6916(g) of this title.”

Credits

1984–2005 · 2 acts
  1. 1984Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), , 98 Stat. 3287
  2. 2005amended Pub. L. 109–58, title XV, § 1524(a), , 119 Stat. 1095.
Show as published

(Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), , 98 Stat. 3287; amended Pub. L. 109–58, title XV, § 1524(a), , 119 Stat. 1095.)

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