Sec. 9009. study of underground storage tanks
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## Sec. 9009 study of underground storage tanks ###
(a)Petroleum Tanks Not later than twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall complete a study of underground storage tanks used for the storage of regulated substances defined in section 9001(7)(B). ###
(b)Other Tanks Not later than thirty-six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall complete a study of all other underground storage tanks. ###
(c)Elements of Studies The studies under subsections
(a)and
(b)shall include an assessment of the ages, types (including methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods) and locations (including the climate of the locations) of such tanks; soil conditions, water tables, and the hydrogeology of tank locations; the relationship between the foregoing factors and the likelihood of releases from underground storage tanks; the effectiveness and costs of inventory systems, tank testing, and leak detection systems; and such other factors as the Administrator deems appropriate. ###
(d)Farm and Heating Oil Tanks Not later than thirty-six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall conduct a study regarding the tanks referred to in subparagraphs
(A)and
(B)of section 9001(10). Such study shall include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. ###
(e)Reports Upon completion of the studies authorized by this section, the Administrator shall submit reports to the President and to the Congress containing the results of the studies and recommendations respecting whether or not such tanks should be subject to the preceding provisions of this subtitle. ###
(f)Reimbursement ####
(1)If any owner or operator (excepting an agency, department, or instrumentality of the United States Government, a State or a political subdivision thereof) shall incur costs, including the loss of business opportunity, due to the closure or interruption of operation of an underground storage tank solely for the purpose of conducting studies authorized by this section, the Administrator shall provide such person fair and equitable reimbursement for such costs. ####
(2)All claims for reimbursement shall be filed with the Administrator not later than ninety days after the closure or interruption which gives rise to the claim. ####
(3)Reimbursements made under this section shall be from funds appropriated by the Congress pursuant to the authorization contained in section 2007(g).46 46So in law. Probably should be “2007(f)”. There is no section 2007(g). ####
(4)For purposes of judicial review, a determination by the Administrator under this subsection shall be considered final agency action. **[**[42 U.S.C. 6991h](/us/usc/t42/s6991h)**]**
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Sec. 9009
study of underground storage tanks
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