42 USC 6991i - Operator training

U.S Code last checked for updates: May 06, 2024

§ 6991i.

Operator training

(a)

Guidelines

(1)

In general

Not later than 2 years after August 8, 2005, in consultation and cooperation with States and after public notice and opportunity for comment, the Administrator shall publish guidelines that specify training requirements for—

(A)

persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;

(B)

persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and

(C)

daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.

(2)

Considerations

The guidelines described in paragraph (1) shall take into account—

(A)

State training programs in existence as of the date of publication of the guidelines;

(B)

training programs that are being employed by tank owners and tank operators as of August 8, 2005;

(C)

the high turnover rate of tank operators and other personnel;

(D)

the frequency of improvement in underground storage tank equipment technology;

(E)

the nature of the businesses in which the tank operators are engaged;

(F)

the substantial differences in the scope and length of training needed for the different classes of persons described in subparagraphs (A), (B), and (C) of paragraph (1); and

(G)

such other factors as the Administrator determines to be necessary to carry out this section.

(b)

State programs

(1)

In general

(2)

Requirements

State requirements described in paragraph (1) shall—

(A)

be consistent with subsection (a);

(B)

be developed in cooperation with tank owners and tank operators;

(C)

take into consideration training programs implemented by tank owners and tank operators as of August 8, 2005; and

(D)

be appropriately communicated to tank owners and operators.

(3)

Financial incentive

(c)

Training

All persons that are subject to the operator training requirements of subsection (a) shall—

(1)

meet the training requirements developed under subsection (b); and

(2)

repeat the applicable requirements developed under subsection (b), if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with—

(A)

a requirement or standard promulgated by the Administrator under section 6991b of this title; or

(B)

a requirement or standard of a State program approved under section 6991c of this title.

(Pub. L. 89–272, title II, § 9010, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L. 109–58, title XV, § 1524(a), Aug. 8, 2005, 119 Stat. 1095.)

cite as: 42 USC 6991i