Page:United States Statutes at Large Volume 100 Part 2.djvu/596
100 STAT. 1698
42 USC 6991c.
42 USC 6991b. State and local governments.
PUBLIC LAW 99-499—OCT. 17, 1986
"(D) The Administrator may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks or in a particular State, if the Administrator makes a determination that methods of financial responsibility satisfying the requirements of this subsection are not generally available for underground storage fit tanks in that class or category, and— ir "(i) steps are being taken to form a risk retention group for such class of tanks; or "(ii) such State is taking steps to establish a fund pursuI,; ant to section 9004(c)(l) of this Act to be submitted as evidence of financial responsibility. V A suspension by the Administrator 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
l^^ category or for the same State at the end of such period, but .; only if substantial progress has been made in establishing a risk retention group, or the owners or operators in the class or category demonstrate, and the Administrator finds, that the ,,. formation of such a group is not possible and that the State is unable or unwilling to establish such a fund pursuant to clause (ii).". (d) EPA RESPONSE PROGRAM.—Section 9003 of the Solid Waste Disposal Act is amended by adding after subsection (g) the following new subsection: "(h) EPA RESPONSE PROGRAM FOR PETROLEUM.— "(1) BEFORE REGULATIONS.—Before the effective date of regula-
tions under subsection (c), the Administrator (or a State pursuant to paragraph (7)) is authorized to— '(A) require the owner or operator of an underground storage tank to undertake corrective action with respect to ' any release of petroleum when the Administrator (or the State) determines that such corrective action will be done properly and promptly by the owner or operator of the underground storage tank from which the release occurs; or "] "(B) undertake corrective action with respect to any re' lease of petroleum into the environment from an under*^ ground storage tank if such action is necessary, in the judgment of the Administrator (or the State), 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 shall use funds • in the Leaking Underground Storage Tank Trust Fund for payment of costs incurred for corrective action under subparagraph (B), enforcement action under subparagraph (A), and cost ^' recovery under paragraph (6) of this subsection. Subject to the priority requirements of paragraph (3), the Administrator (or "^i the State) shall give priority in undertaking such actions under subparagraph (B) to cases where the Administrator (or the State) cannot identify a solvent owner or operator of the tank who will undertake action properly. "(2) AFTER REGULATIONS.—Following the effective date of
- ?• regulations under subsection (c), all actions or orders of the
Administrator (or a State pursuant to paragraph (7)) described ' in paragraph (1) of this subsection shall be in conformity with such regulations. Following such effective date, the Adminis-