Page:United States Statutes at Large Volume 119.djvu/1117

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 1099

processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— ‘‘(A) the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance; ‘‘(B) the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries; ‘‘(C) the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance; ‘‘(D) one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance or a regulated substance; and ‘‘(E) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). ‘‘(3) COMPLIANCE.—States that receive funding under this subtitle shall, at a minimum, comply with the processes and procedures published under paragraph (2). ‘‘(4) CONSIDERATION.— ‘‘(A) RURAL AND REMOTE AREAS.—Subject to subparagraph (B), the Administrator or a State may consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of a regulated substance if such treatment would jeopardize the availability of, or access to, fuel in any rural and remote areas unless an urgent threat to public health, as determined by the Administrator, exists. ‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply only during the 180-day period following the date of a determination by the Administrator or the appropriate State under subparagraph (A). ‘‘(b) EFFECT ON STATE AUTHORITY.—Nothing in this section shall affect or preempt the authority of a State to prohibit the delivery, deposit, or acceptance of a regulated substance to an underground storage tank. ‘‘(c) DEFENSE TO VIOLATION.—A person shall not be in violation of subsection (a)(1) if the person has not been provided with notice pursuant to subsection (a)(2)(D) of the ineligibility of a facility for delivery, deposit, or acceptance of a regulated substance as determined by the Administrator or a State, as appropriate, under this section.’’. (b) ENFORCEMENT.—Section 9006(d)(2) of such Act (42 U.S.C. 6991e(d)(2)) is amended as follows: (1) By adding the following new subparagraph after subparagraph (D): ‘‘(E) the delivery prohibition requirement established by section 9012,’’. (2) By adding the following new sentence at the end thereof: ‘‘Any person making or accepting a delivery or deposit of a regulated substance to an underground storage tank at an ineligible facility in violation of section 9012 shall also be subject to the same civil penalty for each day of such violation.’’.

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