Title 42 — The Public Health and Welfare
Chapter 82 — Solid Waste Disposal
§ 6991i. Operator training
Statutory text
Guidelines
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—
persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;
persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and
daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.
Considerations
The guidelines described in paragraph (1) shall take into account—
State training programs in existence as of the date of publication of the guidelines;
training programs that are being employed by tank owners and tank operators as of ;
the high turnover rate of tank operators and other personnel;
the frequency of improvement in underground storage tank equipment technology;
the nature of the businesses in which the tank operators are engaged;
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
such other factors as the Administrator determines to be necessary to carry out this section.
State programs
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).
Requirements
State requirements described in paragraph (1) shall—
be consistent with subsection (a);
be developed in cooperation with tank owners and tank operators;
take into consideration training programs implemented by tank owners and tank operators as of ; and
be appropriately communicated to tank owners and operators.
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.
Training
All persons that are subject to the operator training requirements of subsection (a) shall—
meet the training requirements developed under subsection (b); and
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 requirement or standard promulgated by the Administrator under section 6991b of this title; or
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.
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. 3287Underground 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
- 1984Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), , 98 Stat. 3287
- 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.)