 So in original.

to be already covered as an owner or operator of an underground storage tank under this section.

 So in original. Probably should be “medium.”

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:

“(1)

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.

“(2)

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.”