For the purposes of developing or assisting in the development of any regulation, conducting any study, 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-
Each such inspection shall be commenced and completed with reasonable promptness.
A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe.
In the case of underground storage tanks regulated under this subchapter that have not undergone an inspection since December 22, 1998, not later than 2 years after August 8, 2005, the Administrator or a State that receives funding under this subchapter, as appropriate, shall conduct on-site inspections of all such tanks to determine compliance with this subchapter and the regulations under this subchapter ( 40 CFR 280 ) or a requirement or standard of a State program developed under section 6991c of this title.
After completion of all inspections required under paragraph (1), the Administrator or a State that receives funding under this subchapter, as appropriate, shall conduct on-site inspections of each underground storage tank regulated under this subchapter at least once every 3 years to determine compliance with this subchapter and the regulations under this subchapter ( 40 CFR 280 ) or a requirement or standard of a State program developed under section 6991c of this title. The Administrator may extend for up to one additional year the first 3-year inspection interval under this paragraph if the State demonstrates that it has insufficient resources to complete all such inspections within the first 3-year period.
Nothing in this section shall be construed to diminish the Administrator's or a State's authorities under subsection (a).
42 U.S.C. § 6991d
EDITORIAL NOTES
AMENDMENTS2005-Subsec. (a). Pub. L. 109-58, §1533(4)(A), substituted "study, taking" for "study taking" in introductory provisions.Subsec. (b)(1). Pub. L. 109-58, §1533(4)(B), substituted "relevant" for "relevent". Subsec. (b)(4). Pub. L. 109-58, §1533(4)(C), substituted "Environmental" for "Evironmental".Subsec. (c). Pub. L. 109-58, §1523(a), added subsec. (c). 1986- Pub. L. 99-499, §205(f)(3), inserted reference to corrective action in section catchline. Subsec. (a). Pub. L. 99-499, §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, §205(f)(2), added par. (4).
- Administrator
- The term "Administrator" means the Administrator of the Environmental Protection Agency.
- State
- The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
- owner
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- person
- The term "person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and shall include each department, agency, and instrumentality of the United States.