---
kind: "section"
citation: "42 U.S.C. § 6991b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6991b"
heading: "Release detection, prevention, and correction regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6991b"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter IX — Regulation of Underground Storage Tanks"
---

# §6991b. Release detection, prevention, and correction regulations

- (a) **Regulations—** The [Administrator](/usc/42/6903.md?p=1), after notice and opportunity for public comment, and at least three months before the effective dates specified in [subsection (f)](#f), shall promulgate [release](/usc/42/6991.md?p=8) detection, prevention, and correction regulations applicable to all [owners](/usc/42/6991.md?p=4) and [operators](/usc/42/6991.md?p=3) of [underground storage tanks](/usc/42/6991.md?p=10), as may be necessary to protect human health and the environment.
- (b) **Distinctions in regulations—** In promulgating regulations under this section, the [Administrator](/usc/42/6903.md?p=1) may distinguish between types, classes, and ages of [underground storage tanks](/usc/42/6991.md?p=10). In making such distinctions, the [Administrator](/usc/42/6903.md?p=1) may take into consideration factors, including, but not limited to: location of the tanks, soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended [practices](/usc/42/17061.md?p=19), national consensus codes, hydrogeology, water table, size of the tanks, quantity of [regulated substances](/usc/42/6991.md?p=7) periodically deposited in or dispensed from the tank, the technical capability of the [owners](/usc/42/6991.md?p=4) and [operators](/usc/42/6991.md?p=3), and the compatibility of the [regulated substance](/usc/42/6991.md?p=7) and the materials of which the tank is fabricated.
- (c) **Requirements—** The regulations promulgated pursuant to this section shall include, but need not be limited to, the following requirements respecting all [underground storage tanks](/usc/42/6991.md?p=10)—
  - (1) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify [releases](/usc/42/6991.md?p=8) in a manner consistent with the protection of human health and the environment;
  - (2) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;
  - (3) requirements for reporting of [releases](/usc/42/6991.md?p=8) and corrective action taken in response to a [release](/usc/42/6991.md?p=8) from an [underground storage tank](/usc/42/6991.md?p=10);
  - (4) requirements for taking corrective action in response to a [release](/usc/42/6991.md?p=8) from an [underground storage tank](/usc/42/6991.md?p=10);
  - (5) requirements for the closure of tanks to prevent future [releases](/usc/42/6991.md?p=8) of [regulated substances](/usc/42/6991.md?p=7) into the environment; and
  - (6) requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental [releases](/usc/42/6991.md?p=8) arising from operating an [underground storage tank](/usc/42/6991.md?p=10).
- (d) **Financial responsibility—**
  - (1) Financial responsibility required by this subsection may be established in accordance with regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer or any other method satisfactory to the [Administrator](/usc/42/6903.md?p=1). In promulgating requirements under this subsection, the [Administrator](/usc/42/6903.md?p=1) is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this subchapter.
  - (2) In any case where the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where with reasonable diligence jurisdiction in any [State](/usc/42/6903.md?p=31) court of the Federal courts cannot be obtained over an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this subsection may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this paragraph such guarantor shall be entitled to invoke all rights and defenses which would have been available to the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) if any action had been brought against the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3).
  - (3) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) under this section. Nothing in this subsection shall be construed to limit any other [State](/usc/42/6903.md?p=31) or Federal statutory, contractual or common law liability of a guarantor to its [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any [person](/usc/42/6991.md?p=5) under section [9607](/usc/42/9607.md) or [9611](/usc/42/9611.md) of this title or other applicable law.
  - (4) For the purpose of this subsection, the term “guarantor” means any [person](/usc/42/6991.md?p=5), other than the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3), who provides evidence of financial responsibility for an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) under this subsection.
  - (5)
    - (A) The [Administrator](/usc/42/6903.md?p=1), in promulgating financial responsibility regulations under this section, may establish an amount of coverage for particular classes or categories of [underground storage tanks](/usc/42/6991.md?p=10) containing [petroleum](/usc/42/6991.md?p=6) which shall satisfy such regulations and which shall not be less than $1,000,000 for each occurrence with an appropriate aggregate requirement.
    - (B) The [Administrator](/usc/42/6903.md?p=1) may set amounts lower than the amounts required by subparagraph (A) of this paragraph for [underground storage tanks](/usc/42/6991.md?p=10) containing [petroleum](/usc/42/6991.md?p=6) which are at facilities not engaged in [petroleum](/usc/42/6991.md?p=6) production, refining, or marketing and which are not used to handle substantial quantities of [petroleum](/usc/42/6991.md?p=6).
    - (C) In establishing classes and categories for purposes of this paragraph, the [Administrator](/usc/42/6903.md?p=1) may consider the following factors:
      - (i) The size, type, location, [storage](/usc/42/6903.md?p=33), and handling capacity of [underground storage tanks](/usc/42/6991.md?p=10) in the class or category and the volume of [petroleum](/usc/42/6991.md?p=6) handled by such tanks.
      - (ii) The likelihood of [release](/usc/42/6991.md?p=8) and the potential extent of damage from any [release](/usc/42/6991.md?p=8) from [underground storage tanks](/usc/42/6991.md?p=10) in the class or category.
      - (iii) The economic impact of the limits on the [owners](/usc/42/6991.md?p=4) and [operators](/usc/42/6991.md?p=3) of each such class or category, particularly relating to the small business segment of the [petroleum](/usc/42/6991.md?p=6) marketing industry.
      - (iv) The availability of methods of financial responsibility in amounts greater than the amount established by this paragraph.
      - (v) Such other factors as the [Administrator](/usc/42/6903.md?p=1) deems pertinent.
    - (D) The [Administrator](/usc/42/6903.md?p=1) may suspend enforcement of the financial responsibility requirements for a particular class or category of [underground storage tanks](/usc/42/6991.md?p=10) or in a particular [State](/usc/42/6903.md?p=31), if the [Administrator](/usc/42/6903.md?p=1) makes a determination that methods of financial responsibility satisfying the requirements of this subsection are not generally available for [underground storage tanks](/usc/42/6991.md?p=10) in that class or category, and—
      - (i) steps are being taken to form a risk retention group for such class of tanks; or
      - (ii) such [State](/usc/42/6903.md?p=31) is taking steps to establish a fund pursuant to [section 6991c(c)(1) of this title](/usc/42/6991c.md?p=c-1) to be submitted as evidence of financial responsibility.

      A suspension by the [Administrator](/usc/42/6903.md?p=1) pursuant to this paragraph shall extend for a period not to exceed 180 days. A determination to suspend may be made with respect to the same class or category or for the same [State](/usc/42/6903.md?p=31) at the end of such period, but only if substantial progress has been made in establishing a risk retention group, or the [owners](/usc/42/6991.md?p=4) or [operators](/usc/42/6991.md?p=3) in the class or category demonstrate, and the [Administrator](/usc/42/6903.md?p=1) finds, that the formation of such a group is not possible and that the [State](/usc/42/6903.md?p=31) is unable or unwilling to establish such a fund pursuant to [clause (ii)](#d-5-D-ii).

- (e) **New tank performance standards—** The [Administrator](/usc/42/6903.md?p=1) shall, not later than three months prior to the effective date specified in [subsection (f)](#f), issue performance standards for [underground storage tanks](/usc/42/6991.md?p=10) brought into use on or after the effective date of such standards. The performance standards for new [underground storage tanks](/usc/42/6991.md?p=10) shall include, but need not be limited to, design, [construction](/usc/42/6903.md?p=2), installation, [release](/usc/42/6991.md?p=8) detection, and compatibility standards.
- (f) **Effective dates—**
  - (1) Regulations issued pursuant to subsections [(c)](#c) and [(d)](#d), and standards issued pursuant to [subsection (e)](#e) of this section, for [underground storage tanks](/usc/42/6991.md?p=10) containing [regulated substances](/usc/42/6991.md?p=7) defined in [section 6991(7)(B) of this title](/usc/42/6991.md?p=7-B) ([petroleum](/usc/42/6991.md?p=6), including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure) shall be effective not later than thirty months after November 8, 1984.
  - (2) Standards issued pursuant to [subsection (e)](#e) of this section (entitled “New Tank Performance Standards”) for [underground storage tanks](/usc/42/6991.md?p=10) containing [regulated substances](/usc/42/6991.md?p=7) defined in [section 6991(7)(A) of this title](/usc/42/6991.md?p=7-A) shall be effective not later than thirty-six months after November 8, 1984.
  - (3) Regulations issued pursuant to [subsection (c)](#c) of this section (entitled “Requirements”) and standards issued pursuant to [subsection (d)](#d) of this section (entitled “Financial Responsibility”) for [underground storage tanks](/usc/42/6991.md?p=10) containing [regulated substances](/usc/42/6991.md?p=7) defined in [section 6991(7)(A) of this title](/usc/42/6991.md?p=7-A) shall be effective not later than forty-eight months after November 8, 1984.
- (g) **Interim prohibition—**
  - (1) Until the effective date of the standards promulgated by the [Administrator](/usc/42/6903.md?p=1) under [subsection (e)](#e) and after one hundred and eighty days after November 8, 1984, no [person](/usc/42/6991.md?p=5) may install an [underground storage tank](/usc/42/6991.md?p=10) for the purpose of storing [regulated substances](/usc/42/6991.md?p=7) unless such tank (whether of single or double wall [construction](/usc/42/6903.md?p=2))—
    - (A) will prevent [releases](/usc/42/6991.md?p=8) due to corrosion or structural failure for the operational life of the tank;
    - (B) is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the [release](/usc/42/6991.md?p=8) or threatened [release](/usc/42/6991.md?p=8) of any stored substance; and
    - (C) the material used in the [construction](/usc/42/6903.md?p=2) or lining of the tank is compatible with the substance to be stored.
  - (2) Notwithstanding [paragraph (1)](#g-1), if soil tests conducted in accordance with ASTM Standard G57–78, or another standard approved by the [Administrator](/usc/42/6903.md?p=1), show that soil resistivity in an installation location is 12,000 ohm/cm or more (unless a more stringent standard is prescribed by the [Administrator](/usc/42/6903.md?p=1) by rule), a [storage](/usc/42/6903.md?p=33) tank without corrosion protection may be installed in that location during the period referred to in [paragraph (1)](#g-1).
- (h) **EPA response program for petroleum—**
  - (1) **Before regulations—** Before the effective date of regulations under [subsection (c)](#c), the [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) is authorized to—
    - (A) require the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of an [underground storage tank](/usc/42/6991.md?p=10) to undertake corrective action with respect to any [release](/usc/42/6991.md?p=8) of [petroleum](/usc/42/6991.md?p=6) when the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) determines that such corrective action will be done properly and promptly by the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of the [underground storage tank](/usc/42/6991.md?p=10) from which the [release](/usc/42/6991.md?p=8) occurs; or
    - (B) undertake corrective action with respect to any [release](/usc/42/6991.md?p=8) of [petroleum](/usc/42/6991.md?p=6) into the environment from an [underground storage tank](/usc/42/6991.md?p=10) if such action is necessary, in the judgment of the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)), to protect human health and the environment.

    The corrective action undertaken or required under this paragraph shall be such as may be necessary to protect human health and the environment. The [Administrator](/usc/42/6903.md?p=1) shall use funds in the [Trust Fund](/usc/42/6991.md?p=9) for payment of costs incurred for corrective action under [subparagraph (B)](#h-1-B), enforcement action under [subparagraph (A)](#h-1-A), and cost recovery under paragraph (6) of this subsection. Subject to the priority requirements of [paragraph (3)](#h-3), the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) shall give priority in undertaking such actions under [subparagraph (B)](#h-1-B) to cases where the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) cannot identify a solvent [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of the tank who will undertake action properly.

  - (2) **After regulations—** Following the effective date of regulations under [subsection (c)](#c), all actions or orders of the [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) described in paragraph (1) of this subsection shall be in conformity with such regulations. Following such effective date, the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) may undertake corrective action with respect to any [release](/usc/42/6991.md?p=8) of [petroleum](/usc/42/6991.md?p=6) into the environment from an [underground storage tank](/usc/42/6991.md?p=10) only if such action is necessary, in the judgment of the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)), to protect human health and the environment and one or more of the following situations exists:
    - (A) No [person](/usc/42/6991.md?p=5) can be found, within 90 days or such shorter period as may be necessary to protect human health and the environment, who is—
      - (i) an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of the tank concerned,
      - (ii) subject to such corrective action regulations, and
      - (iii) capable of carrying out such corrective action properly.
    - (B) A situation exists which requires prompt action by the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) under this paragraph to protect human health and the environment.
    - (C) Corrective action costs at a facility exceed the amount of coverage required by the [Administrator](/usc/42/6903.md?p=1) pursuant to the provisions of subsections [(c)](#c) and [(d)(5)](#d-5) of this section and, considering the class or category of [underground storage tank](/usc/42/6991.md?p=10) from which the [release](/usc/42/6991.md?p=8) occurred, expenditures from the [Trust Fund](/usc/42/6991.md?p=9) are necessary to assure an effective corrective action.
    - (D) The [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of the tank has failed or refused to comply with an order of the [Administrator](/usc/42/6903.md?p=1) under this subsection or [section 6991e of this title](/usc/42/6991e.md) or with the order of a [State](/usc/42/6903.md?p=31) under this subsection to comply with the corrective action regulations.
  - (3) **Priority of corrective actions—** The [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) shall give priority in undertaking corrective actions under this subsection, and in issuing orders requiring [owners](/usc/42/6991.md?p=4) or [operators](/usc/42/6991.md?p=3) to undertake such actions, to [releases](/usc/42/6991.md?p=8) of [petroleum](/usc/42/6991.md?p=6) from [underground storage tanks](/usc/42/6991.md?p=10) which pose the greatest threat to human health and the environment.
  - (4) **Corrective action orders—** The [Administrator](/usc/42/6903.md?p=1) is authorized to issue orders to the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of an [underground storage tank](/usc/42/6991.md?p=10) to carry out [subparagraph (A)](#h-1-A) of paragraph (1) or to carry out regulations issued under [subsection (c)(4)](#c-4). A [State](/usc/42/6903.md?p=31) acting pursuant to paragraph (7) of this subsection is authorized to carry out [subparagraph (A)](#h-1-A) of paragraph (1) only until the [State](/usc/42/6903.md?p=31)’s program is approved by the [Administrator](/usc/42/6903.md?p=1) under [section 6991c of this title](/usc/42/6991c.md). Such orders shall be issued and enforced in the same manner and subject to the same requirements as orders under [section 6991e of this title](/usc/42/6991e.md).
  - (5) **Allowable corrective actions—** The corrective actions undertaken by the [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) under paragraph [(1)](#h-1) or [(2)](#h-2) may include temporary or permanent relocation of residents and alternative household water supplies. In connection with the performance of any corrective action under paragraph [(1)](#h-1) or [(2)](#h-2), the [Administrator](/usc/42/6903.md?p=1) may undertake an exposure assessment as defined in paragraph (10) of this subsection or provide for such an assessment in a cooperative agreement with a [State](/usc/42/6903.md?p=31) pursuant to paragraph (7) of this subsection. The costs of any such assessment may be treated as corrective action for purposes of [paragraph (6)](#h-6), relating to cost recovery.
  - (6) **Recovery of costs—**
    - (A) **In general—** Whenever costs have been incurred by the [Administrator](/usc/42/6903.md?p=1), or by a [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7), for undertaking corrective action or enforcement action with respect to the [release](/usc/42/6991.md?p=8) of [petroleum](/usc/42/6991.md?p=6) from an [underground storage tank](/usc/42/6991.md?p=10), the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of such tank shall be liable to the [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31) for such costs. The liability under this paragraph shall be construed to be the standard of liability which obtains under [section 1321 of title 33](/usc/33/1321.md).
    - (B) **Recovery—** In determining the equities for seeking the recovery of costs under [subparagraph (A)](#h-6-A), the [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31) pursuant to paragraph (7) of this subsection) may consider the amount of financial responsibility required to be maintained under subsections [(c)](#c) and [(d)(5)](#d-5) of this section and the factors considered in establishing such amount under [subsection (d)(5)](#d-5).
    - (C) **Effect on liability—**
      - (i) **No transfers of liability—** No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of any [underground storage tank](/usc/42/6991.md?p=10) or from any [person](/usc/42/6991.md?p=5) who may be liable for a [release](/usc/42/6991.md?p=8) or threat of [release](/usc/42/6991.md?p=8) under this subsection, to any other [person](/usc/42/6991.md?p=5) the liability imposed under this subsection. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this section.
      - (ii) **No bar to cause of action—** Nothing in this subsection, including the provisions of clause (i) of this subparagraph, shall bar a cause of action that an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) or any other [person](/usc/42/6991.md?p=5) subject to liability under this section, or a guarantor, has or would have, by reason of subrogation or otherwise against any [person](/usc/42/6991.md?p=5).
    - (D) **Facility—** For purposes of this paragraph, the term “facility” means, with respect to any [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3), all [underground storage tanks](/usc/42/6991.md?p=10) used for the [storage](/usc/42/6903.md?p=33) of [petroleum](/usc/42/6991.md?p=6) which are owned or operated by such [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) and located on a single parcel of property (or on any contiguous or adjacent property).
    - (E) **Inability or limited ability to pay—**
      - (i) **In general—** In determining the level of recovery effort, or amount that should be recovered, the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) shall consider the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3)’s ability to pay. An inability or limited ability to pay corrective action costs must be demonstrated to the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) by the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3).
      - (ii) **Considerations—** In determining whether or not a [demonstration](/usc/42/6903.md?p=2A) is made under [clause (i)](#h-6-E-i), the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) shall take into consideration the ability of the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) to pay corrective action costs and still maintain its basic business operations, including consideration of the overall financial condition of the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) and demonstrable constraints on the ability of the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) to raise revenues.
      - (iii) **Information—** An [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) requesting consideration under this subparagraph shall promptly provide the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) with all relevant information needed to determine the ability of the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) to pay corrective action costs.
      - (iv) **Alternative payment methods—** The [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) shall consider alternative payment methods as may be necessary or appropriate if the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) determines that an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) cannot pay all or a portion of the costs in a lump sum payment.
      - (v) **Misrepresentation—** If an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) provides false information or otherwise misrepresents their financial situation under [clause (ii)](#h-6-E-ii), the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) pursuant to [paragraph (7)](#h-7)) shall seek full recovery of the costs of all such actions pursuant to the provisions of [subparagraph (A)](#h-6-A) without consideration of the factors in [subparagraph (B)](#h-6-B).
  - (7) **State authorities—**
    - (A) **General—** A [State](/usc/42/6903.md?p=31) may exercise the authorities in paragraphs [(1)](#h-1), [(2)](#h-2), and [(12)](#h-12), subject to the terms and conditions of paragraphs [(3)](#h-3), [(5)](#h-5), [(9)](#h-9), [(10)](#h-10), and [(11)](#h-11), and the authority under sections [6991j](/usc/42/6991j.md) and [6991k](/usc/42/6991k.md) of this title and paragraphs [(4)](#h-4), [(6)](#h-6), and [(8)](#h-8), if—
      - (i) the [Administrator](/usc/42/6903.md?p=1) determines that the [State](/usc/42/6903.md?p=31) has the capabilities to carry out effective corrective actions and enforcement activities; and
      - (ii) the [Administrator](/usc/42/6903.md?p=1) enters into a cooperative agreement with the [State](/usc/42/6903.md?p=31) setting out the actions to be undertaken by the [State](/usc/42/6903.md?p=31).

      The [Administrator](/usc/42/6903.md?p=1) may provide funds from the [Trust Fund](/usc/42/6991.md?p=9) for the reasonable costs of the [State](/usc/42/6903.md?p=31)’s actions under the cooperative agreement.

    - (B) **Cost share—** Following the effective date of the regulations under [subsection (c)](#c) of this section, the [State](/usc/42/6903.md?p=31) shall pay 10 per centum of the cost of corrective actions undertaken either by the [Administrator](/usc/42/6903.md?p=1) or by the [State](/usc/42/6903.md?p=31) under a cooperative agreement, except that the [Administrator](/usc/42/6903.md?p=1) may take corrective action at a facility where immediate action is necessary to respond to an imminent and substantial endangerment to human health or the environment if the [State](/usc/42/6903.md?p=31) fails to pay the cost share.
  - (8) **Emergency procurement powers—** Notwithstanding any other provision of law, the [Administrator](/usc/42/6903.md?p=1) may authorize the use of such emergency procurement powers as he deems necessary.
  - (9) **Definition of owner or operator—**
    - (A) **In general—** As used in this subchapter, the terms “[owner](/usc/42/6991.md?p=4)” and “[operator](/usc/42/6991.md?p=3)” do not include a [person](/usc/42/6991.md?p=5) that, without participating in the management of an [underground storage tank](/usc/42/6991.md?p=10) and otherwise not engaged in [petroleum](/usc/42/6991.md?p=6) production, refining, or marketing, holds indicia of ownership primarily to protect the [person](/usc/42/6991.md?p=5)’s security interest.
    - (B) **Security interest holders—** The provisions regarding holders of security interests in subparagraphs (E) through (G) of [section 9601(20) of this title](/usc/42/9601.md?p=20) and the provisions regarding fiduciaries at [section 9607(n) of this title](/usc/42/9607.md?p=n) shall apply in determining a [person](/usc/42/6991.md?p=5)’s liability as an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of an [underground storage tank](/usc/42/6991.md?p=10) for the purposes of this subchapter.
    - (C) **Effect on rule—** Nothing in [subparagraph (B)](#h-9-B) shall be construed as modifying or affecting the final rule issued by the [Administrator](/usc/42/6903.md?p=1) on September 7, 1995 (60 Fed. Reg. 46,692), or as limiting the authority of the [Administrator](/usc/42/6903.md?p=1) to amend the final rule, in accordance with applicable law. The final rule in effect on September 30, 1996, shall prevail over any inconsistent provision regarding holders of security interests in subparagraphs (E) through (G) of [section 9601(20) of this title](/usc/42/9601.md?p=20) or any inconsistent provision regarding fiduciaries in [section 9607(n) of this title](/usc/42/9607.md?p=n). Any amendment to the final rule shall be consistent with the provisions regarding holders of security interests in subparagraphs (E) through (G) of [section 9601(20) of this title](/usc/42/9601.md?p=20) and the provisions regarding fiduciaries in [section 9607(n) of this title](/usc/42/9607.md?p=n). This subparagraph does not preclude judicial review of any amendment of the final rule made after September 30, 1996.
  - (10) **Definition of exposure assessment—** As used in this subsection, the term “exposure assessment” means an assessment to determine the extent of exposure of, or potential for exposure of, individuals to [petroleum](/usc/42/6991.md?p=6) from a [release](/usc/42/6991.md?p=8) from an [underground storage tank](/usc/42/6991.md?p=10) based on such factors as the nature and extent of contamination and the existence of or potential for pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size of the community within the likely pathways of exposure, and the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants. Such assessment shall not delay corrective action to abate immediate hazards or reduce exposure.
  - (11) **Facilities without financial responsibility—** At any facility where the [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) has failed to maintain evidence of financial responsibility in amounts at least equal to the amounts established by [subsection (d)(5)(A)](#d-5-A) of this section (or a lesser amount if such amount is applicable to such facility as a result of [subsection (d)(5)(B)](#d-5-B) of this section) for whatever reason the [Administrator](/usc/42/6903.md?p=1) shall expend no monies from the [Trust Fund](/usc/42/6991.md?p=9) to clean up [releases](/usc/42/6991.md?p=8) at such facility pursuant to the provisions of paragraph (1) or (2) of this subsection. At such facilities the [Administrator](/usc/42/6903.md?p=1) shall use the authorities provided in [subparagraph (A)](#h-1-A) of paragraph (1) and paragraph (4) of this subsection and [section 6991e of this title](/usc/42/6991e.md) to order corrective action to clean up such [releases](/usc/42/6991.md?p=8). [States](/usc/42/6903.md?p=31) acting pursuant to paragraph (7) of this subsection shall use the authorities provided in [subparagraph (A)](#h-1-A) of paragraph (1) and paragraph (4) of this subsection to order corrective action to clean up such [releases](/usc/42/6991.md?p=8). Notwithstanding the provisions of this paragraph, the [Administrator](/usc/42/6903.md?p=1) may use monies from the fund to take the corrective actions authorized by paragraph (5) of this subsection to protect human health at such facilities and shall seek full recovery of the costs of all such actions pursuant to the provisions of paragraph (6)(A) of this subsection and without consideration of the factors in paragraph (6)(B) of this subsection. Nothing in this paragraph shall prevent the [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31) pursuant to paragraph (7) of this subsection) from taking corrective action at a facility where there is no solvent [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) or where immediate action is necessary to respond to an imminent and substantial endangerment of human health or the environment.
  - (12) **Remediation of oxygenated fuel contamination—**
    - (A) **In general—** The [Administrator](/usc/42/6903.md?p=1) and the [States](/usc/42/6903.md?p=31) may use funds made available under [section 6991m(2)(B) of this title](/usc/42/6991m.md?p=2-B) to carry out corrective actions with respect to a [release](/usc/42/6991.md?p=8) of a fuel containing an oxygenated fuel additive that presents a threat to human health or welfare or the environment.
    - (B) **Applicable authority—** The [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) shall carry out [subparagraph (A)](#h-12-A) in accordance with [paragraph (2)](#h-2), and in the case of a [State](/usc/42/6903.md?p=31), in accordance with a cooperative agreement entered into by the [Administrator](/usc/42/6903.md?p=1) and the [State](/usc/42/6903.md?p=31) under [paragraph (7)](#h-7).
- (i) **Additional measures to protect groundwater from contamination—** The [Administrator](/usc/42/6903.md?p=1) shall require each [State](/usc/42/6903.md?p=31) that receives funding under this subchapter to require one of the following:
  - (1) **Tank and piping secondary containment—**
    - (A) Each new [underground storage tank](/usc/42/6991.md?p=10), or piping connected to any such new tank, installed after the effective date of this subsection, or any existing [underground storage tank](/usc/42/6991.md?p=10), or existing piping connected to such existing tank, that is replaced after the effective date of this subsection, shall be secondarily contained and monitored for leaks if the new or replaced [underground storage tank](/usc/42/6991.md?p=10) or piping is within 1,000 feet of any existing community water system or any existing potable drinking water well.
    - (B) In the case of a new [underground storage tank](/usc/42/6991.md?p=10) system consisting of one or more [underground storage tanks](/usc/42/6991.md?p=10) and connected by piping, [subparagraph (A)](#i-1-A) shall apply to all [underground storage tanks](/usc/42/6991.md?p=10) and connected pipes comprising such system.
    - (C) In the case of a replacement of an existing [underground storage tank](/usc/42/6991.md?p=10) or existing piping connected to the [underground storage tank](/usc/42/6991.md?p=10), [subparagraph (A)](#i-1-A) shall apply only to the specific [underground storage tank](/usc/42/6991.md?p=10) or piping being replaced, not to other [underground storage tanks](/usc/42/6991.md?p=10) and connected pipes comprising such system.
    - (D) Each installation of a new motor fuel dispenser system, after the effective date of this subsection, shall include under-dispenser spill containment if the new dispenser is within 1,000 feet of any existing community water system or any existing potable drinking water well.
    - (E) This paragraph shall not apply to repairs to an [underground storage tank](/usc/42/6991.md?p=10), piping, or dispenser that are meant to restore a tank, pipe, or dispenser to operating condition.
    - (F) As used in this subsection:
      - (i) The term “secondarily contained” means a [release](/usc/42/6991.md?p=8) detection and prevention system that meets the requirements of 40 CFR 280.43(g), but shall not include under-dispenser spill containment or control systems.
      - (ii) The term “[underground storage tank](/usc/42/6991.md?p=10)” has the meaning given to it in [section 6991 of this title](/usc/42/6991.md), except that such term does not include tank combinations or more than a single underground pipe connected to a tank.
      - (iii) The term “installation of a new motor fuel dispenser system” means the installation of a new motor fuel dispenser and the equipment necessary to connect the dispenser to the [underground storage tank](/usc/42/6991.md?p=10) system, but does not mean the installation of a motor fuel dispenser installed separately from the equipment need to connect the dispenser to the [underground storage tank](/usc/42/6991.md?p=10) system.
  - (2) **Evidence of financial responsibility and certification—**
    - (A) **Manufacturer and installer financial responsibility—** A [person](/usc/42/6991.md?p=5) that manufactures an [underground storage tank](/usc/42/6991.md?p=10) or piping for an [underground storage tank](/usc/42/6991.md?p=10) system or that installs an [underground storage tank](/usc/42/6991.md?p=10) system is required to maintain evidence of financial responsibility under [subsection (d)](#d) in order to provide for the costs of corrective actions directly related to [releases](/usc/42/6991.md?p=8) caused by improper manufacture or installation unless the [person](/usc/42/6991.md?p=5) can demonstrate themselves[^1] to be already covered as an [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of an [underground storage tank](/usc/42/6991.md?p=10) under this section.
    - (B) **Installer certification—** The [Administrator](/usc/42/6903.md?p=1) and each [State](/usc/42/6903.md?p=31) that receives funding under this subchapter, as appropriate, shall require that a [person](/usc/42/6991.md?p=5) that installs an [underground storage tank](/usc/42/6991.md?p=10) system is—
      - (i) certified or licensed by the tank and piping manufacturer;
      - (ii) certified or licensed by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31), as appropriate;
      - (iii) has their[^1] [underground storage tank](/usc/42/6991.md?p=10) system installation certified by a registered professional engineer with education and experience in [underground storage tank](/usc/42/6991.md?p=10) system installation;
      - (iv) has had their[^1] installation of the [underground storage tank](/usc/42/6991.md?p=10) inspected and approved by the [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31), as appropriate;
      - (v) compliant with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions; or
      - (vi) compliant with another method that is determined by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31), as appropriate, to be no less protective of human health and the environment.
    - (C) **Savings clause—** Nothing in [subparagraph (A)](#i-2-A) alters or affects the liability of any [owner](/usc/42/6991.md?p=4) or [operator](/usc/42/6991.md?p=3) of an [underground storage tank](/usc/42/6991.md?p=10).
- (j) **Government-owned tanks—**
  - (1) **State compliance report—**
    - (A) Not later than 2 years after August 8, 2005, each [State](/usc/42/6903.md?p=31) that receives funding under this subchapter shall submit to the [Administrator](/usc/42/6903.md?p=1) a [State](/usc/42/6903.md?p=31) compliance report that—
      - (i) lists the location and [owner](/usc/42/6991.md?p=4) of each [underground storage tank](/usc/42/6991.md?p=10) described in [subparagraph (B)](#j-1-B) in the [State](/usc/42/6903.md?p=31) that, as of the date of submission of the report, is not in compliance with this section; and
      - (ii) specifies the date of the last inspection and describes the actions that have been and will be taken to ensure compliance of the [underground storage tank](/usc/42/6991.md?p=10) listed under [clause (i)](#j-1-A-i) with this subchapter.
    - (B) An [underground storage tank](/usc/42/6991.md?p=10) described in this subparagraph is an [underground storage tank](/usc/42/6991.md?p=10) that is—
      - (i) regulated under this subchapter; and
      - (ii) owned or operated by the Federal, [State](/usc/42/6903.md?p=31), or local government.
    - (C) The [Administrator](/usc/42/6903.md?p=1) shall make each report, received under [subparagraph (A)](#j-1-A), available to the public through an appropriate media.[^2]
  - (2) **Financial incentive—** The [Administrator](/usc/42/6903.md?p=1) may award to a [State](/usc/42/6903.md?p=31) that develops a report described in [paragraph (1)](#j-1), in addition to any other funds that the [State](/usc/42/6903.md?p=31) is entitled to receive under this subchapter, not more than $50,000, to be used to carry out the report.
  - (3) **Not a safe harbor—** This subsection does not relieve any [person](/usc/42/6991.md?p=5) from any obligation or requirement under this subchapter.

## Footnotes

[^1]: So in original.
[^2]: So in original. Probably should be “medium.”

## Source credit

(Pub. L. 89–272, title II, § 9003, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3279; amended Pub. L. 99–499, title II, § 205(c), (d), Oct. 17, 1986, 100 Stat. 1697, 1698; Pub. L. 104–208, div. A, title II, § 2503, Sept. 30, 1996, 110 Stat. 3009–468; Pub. L. 109–58, title XV, §§ 1522(c), 1525, 1526(b), 1530(a), 1532(b)(1), (2), 1533(2), Aug. 8, 2005, 119 Stat. 1093, 1096, 1097, 1102, 1105; Pub. L. 109–168, § 1(a)(2), Jan. 10, 2006, 119 Stat. 3580.)

## Notes

### Editorial Notes

### References in Text

The Federal Bankruptcy Code, referred to in subsec. (d)(2), probably means a reference to Title 11, Bankruptcy.

The effective date of this subsection, referred to in subsec. (i)(1)(A), (D), is 18 months after Aug. 8, 2005. See Effective Date of 2005 Amendment note set out below.

### Amendments

2006—Subsecs. (i), (j). Pub. L. 109–168 redesignated subsec. (i), relating to government-owned tanks, as (j). Subsec. (j) was editorially transferred to the end of the section to reflect the probable intent of Congress.

2005—Subsec. (f)(1). Pub. L. 109–58, § 1533(2), substituted “subsections (c) and (d)” for “subsection (c) and (d) of this section”.

Pub. L. 109–58, § 1532(b)(1)(A), substituted “6991(7)(B)” for “6991(2)(B)”.

Subsec. (f)(2), (3). Pub. L. 109–58, § 1532(b)(1)(B), substituted “6991(7)(A)” for “6991(2)(A)”.

Subsec. (h)(1), (2)(C). Pub. L. 109–58, § 1532(b)(2), substituted “Trust Fund” for “Leaking Underground Storage Tank Trust Fund”.

Subsec. (h)(6)(E). Pub. L. 109–58, § 1522(c), added subpar. (E).

Subsec. (h)(7)(A). Pub. L. 109–58, § 1532(b)(2), substituted “Trust Fund” for “Leaking Underground Storage Tank Trust Fund” in concluding provisions.

Pub. L. 109–58, § 1525(1), in introductory provisions, substituted “paragraphs (1), (2), and (12)” for “paragraphs (1) and (2) of this subsection” and “and the authority under sections 6991j and 6991k of this title and paragraphs (4), (6), and (8),” for “and including the authorities of paragraphs (4), (6), and (8) of this subsection”.

Subsec. (h)(11). Pub. L. 109–58, § 1532(b)(2), substituted “Trust Fund” for “Leaking Underground Storage Tank Trust Fund”.

Subsec. (h)(12). Pub. L. 109–58, § 1525(2), added par. (12).

Subsec. (i). Pub. L. 109–58, § 1530(a), added subsec. (i) relating to additional measures to protect groundwater from contamination.

Pub. L. 109–58, § 1526(b), added subsec. (i) relating to government-owned tanks.

1996—Subsec. (h)(9). Pub. L. 104–208 added par. (9) and struck out heading and text of former par. (9). Text read as follows: “As used in this subsection, the term ‘owner’ does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the owner’s security interest in the tank.”

1986—Subsec. (c)(6). Pub. L. 99–499, § 205(c)(1), added par. (6).

Subsec. (d)(1). Pub. L. 99–499, § 205(c)(3), which directed that par. (1) be amended by “striking out ‘or’ after ‘credit,’ and by striking out the period at the end thereof and inserting in lieu thereof the following: ‘or any other method satisfactory to the Administrator.’ ”, was executed by striking the period and making insertion at end of first sentence, rather than at end of par. (1), as the probable intent of Congress, because an earlier version of the amending legislation had provided that such amendment be made to first sentence.

Pub. L. 99–499, § 205(c)(2), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: “As he deems necessary or desirable, the Administrator shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as he deems necessary and desirable for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank.”

Subsec. (d)(2) to (5). Pub. L. 99–499, § 205(c)(2), (4), added par. (5) and redesignated pars. (3) to (5) as (2) to (4), respectively. Former par. (2) redesignated (1).

Subsec. (h). Pub. L. 99–499, § 205(d), added subsec. (h).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2005 Amendment

Pub. L. 109–58, title XV, § 1530(b), Aug. 8, 2005, 119 Stat. 1104, provided that: “This subsection [probably means this section, which amended this section and section 6991e of this title and enacted provisions set out as notes under this section] shall take effect 18 months after the date of enactment of this subsection [Aug. 8, 2005].”

### Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title II, § 2505, Sept. 30, 1996, 110 Stat. 3009–468, provided that: “The amendments made by this subtitle [subtitle E (§§ 2501–2505) of title II of div. A of Pub. L. 104–208, amending this section and sections 9601 and 9607 of this title] shall be applicable with respect to any claim that has not been finally adjudicated as of the date of enactment of this Act [Sept. 30, 1996].”

### Regulations

Pub. L. 109–58, title XV, § 1530(c), Aug. 8, 2005, 119 Stat. 1104, provided that: “The Administrator shall issue regulations or guidelines implementing the requirements of this subsection [probably means this section, which amended this section and section 6991e of this title and enacted provisions set out as notes under this section], including guidance to differentiate between the terms ‘repair’ and ‘replace’ for the purposes of section 9003(i)(1) of the Solid Waste Disposal Act [42 U.S.C. 6991b(i)(1)].”

### Assistance Agreements With Indian Tribes

Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2497, provided in part: “That hereafter, the Administrator is authorized to enter into assistance agreements with Federally recognized Indian tribes on such terms and conditions as the Administrator deems appropriate for the same purposes as are set forth in section 9003(h)(7) of the Resource Conservation and Recovery Act [probably means section 9003(h)(7) of Pub. L. 89–272, 42 U.S.C. 6991b(h)(7)].”

### Pollution Liability Insurance

Pub. L. 99–499, title II, § 205(h), Oct. 17, 1986, 100 Stat. 1702, provided that: Study.—The Comptroller General shall conduct a study of the availability of pollution liability insurance, leak insurance, and contamination insurance for owners and operators of petroleum storage and distribution facilities. The study shall assess the current and projected extent to which private insurance can contribute to the financial responsibility of owners and operators of underground storage tanks and the ability of owners and operators of underground storage tanks to maintain financial responsibility through other methods. The study shall consider the experience of owners and operators of marine vessels in getting insurance for their liabilities under the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] and the operation of the Water Quality Insurance Syndicate. Report.—The Comptroller General shall report the findings under this subsection to the Congress within 15 months after the enactment of this subsection [Oct. 17, 1986]. Such report shall include recommendations for legislative or administrative changes that will enable owners and operators of underground storage tanks to maintain financial responsibility sufficient to provide all clean-up costs and damages that may result from reasonably foreseeable releases and events.”