Page:United States Statutes at Large Volume 100 Part 2.djvu/597

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1699

trator (or the State) may undertake corrective action with respect to any release of petroleum into the environment from an underground storage tank only if such action is necessary, in the judgment of the Administrator (or the State), to protect human health and the environment and one or more of the following situations exists: "(A) No person can be found, within 90 days or such shorter period as may be necessary to protect human health and the environment, who is— "(i) an owner or operator of the tank concerned, "(ii) subject to such corrective action regulations, and "(iii) capable of carrying out such corrective action properly. "(B) A situation exists which requires prompt action by the Administrator (or the State) under this paragraph to protect human health and the environment. "(C) Corrective action costs at a facility exceed the amount of coverage required by the Administrator pursuant to the provisions of subsections (c) and (d)(5) of this section and, considering the class or category of underground storage tank from which the release occurred, expenditures from the Leaking Undei^ound Storeige Tank Trust Fund are necessary to assure an effective corrective action. "(D) The owner or operator of the tank has failed or refused to comply with an order of the Administrator under this subsection or section 9006 or with the order of a State 42 USC 6991e. under this subsection to comply with the corrective action r^ulations. "(3) PRIORITY OF CORRECTIVE ACTIONS.—The Administrator (or a State pursuant to paragraph (7)) shall give priority in undertaking corrective actions under this subsection, and in issuing orders requiring owners or operators to undertake such actions, to releases of petroleum from underground storage tanks which pose the greatest threat to human health and the environment. "(4) CoRRECTiVE ACTION ORDERS.—The Administrator is authorized to issue orders to the owner or operator of an underground storage tank to carry out subparagraph (A) of paragraph (1) or to cany out r^^ations issued under subsection (c)(4). A State acting pursuant to paragraph (7) of this subsection is authorized to carry out subparagraph (A) of paragraph (1) only until the State's prc^ram is approved by the Administrator under section 9004 of this subtitle. Such orders shall be issued 42 USC 6991c. and enforced in the same manner and subject to the same requirements as orders under section 9006. (5) ALLOWABLE CORRECTIVE ACTIONS.—The corrective actions

undertaken by the Administrator (or a State pursuant to paragraph (7)) under paragraph (1) or (2) may include temporary or permanent relocation of residents and alternative household water supplies. In connection with the performance of any corrective action under paragraph (1) or (2), the Administrator may undertake an exposure assessment as defined in paragraph (10) of this subsection or provide for such an assessment in a cooperative agreement with a State pursuant to paragraph (7) of this subsection. The costs of any such assessment may be treated as corrective action for purposes of paragraph (6), relating to cost recovery.

�