42 U.S.C. § 6991d

Inspections, monitoring, testing, and corrective action

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(a) Furnishing informationFor 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—(1) to enter at reasonable times any establishment or other place where an underground storage tank is located;(2) to inspect and obtain samples from any person of any regulated substances contained in such tank;(3) to conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or ground water; and(4) to take corrective action.Each such inspection shall be commenced and completed with reasonable promptness.(b) Confidentiality(1) Any records, reports, or information obtained from any persons under this section shall be available to the public, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or information, or a particular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee, or representative thereof has access under this section if made public, would divulge information entitled to protection under section 1905 of title 18, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter.(2) Any person not subject to the provisions of section 1905 of title 18 who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both.(3) In submitting data under this subchapter, a person required to provide such data may—(A) designate the data which such person believes is entitled to protection under this subsection, and(B) submit such designated data separately from other data submitted under this subchapter.A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe.(4) Notwithstanding any limitation contained in this section or any other provision of law, all information reported to, or otherwise obtained, by the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee (including records, reports, or information obtained by representatives of the Environmental Protection Agency).(c) Inspection requirements(1) Uninspected tanks

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.

(2) Periodic inspections

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.

(3) Inspection authority

Nothing in this section shall be construed to diminish the Administrator’s or a State’s authorities under subsection (a).

(Pub. L. 89–272, title II, § 9005, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3284; amended Pub. L. 99–499, title II, § 205(f), Oct. 17, 1986, 100 Stat. 1702; Pub. L. 109–58, title XV, §§ 1523(a), 1533(4), Aug. 8, 2005, 119 Stat. 1094, 1105.)Editorial NotesAmendments

2005—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).

Notes of Decisions

Cited in 5 cases, 1988–2006 · leading case: Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998).

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Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998). · cites it 2× “41 , and testing and monitoring under 42 U.S.C. § 6991d. 329 Ind. Admin. Code 9 -2-2 (1996).”

United States v. DiPaolo, 466 F. Supp. 2d 476 (S.D.N.Y. 2006). · cites it 2× “appropriate for defendant’s failure to furnish the information requested by the EPA in violation of 42 U.S.C. § 6991d. CONCLUSION Accordingly, the United States government’s motion for default judgment against defendant Salvatore DiPaolo, Jr.”

V-1 Oil Co., a Wyoming Corp. v. State of Wyoming, Dep't of Env't Quality Steven P. Gerber, 902 F.2d 1482 (10th Cir. 1990). “Gerber has not claimed that he was acting pursuant to the federal inspection provision, 42 U.S.C. § 6991d(a). Also, the constitutionality of that provision is not before us.”

United States v. Ownbey Enter., Inc., 780 F. Supp. 817 (N.D. Ga. 1991). “In this case, even if the Court finds that the Administrative Order is valid, the Court can weigh the equities and use its discretion in fixing the amount of the fine.”

V-1 Oil Co. v. State of Wyoming, Dep't of Env't Quality, 696 F. Supp. 578 (D. Wyo. 1988). “42 U.S.C.S. § 6991d(a). The court notes that inspections are not conditioned on obtaining a court order or warrant.”

— 42 U.S.C. § 6991d(a) — 3 cases

Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998). “41 , and testing and monitoring under 42 U.S.C. § 6991d. 329 Ind. Admin. Code 9 -2-2 (1996).”

— 42 U.S.C. § 6991d(a)(3) — 1 case

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