42 USC § 6991i - Operator training

# § 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** Not later than 2 years after the date on which the Administrator publishes the guidelines under subsection (a)(1), each State that receives funding under this subchapter shall develop State-specific training requirements that are consistent with the guidelines developed under subsection (a)(1).

**(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** The Administrator may award to a State that develops and implements requirements described in paragraph (1), in addition to any funds that the State is entitled to receive under this subchapter, not more than $200,000, to be used to carry out the requirements.

**(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.

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**Source Credit**: (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.)

## Editorial Notes

### References in Text

, referred to in subsec. (b)(2)(C), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of , which amended this section generally, to reflect the probable intent of Congress.

### Amendments

2005— amended section catchline and text generally. Prior to amendment, text read as follows: “For authorization of appropriations to carry out this subchapter, see .”