Page:United States Statutes at Large Volume 98 Part 3.djvu/907

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3279

"(i) the date the tank was taken out of operation, "(ii) the age of the tank on the date taken out of operation, "(iii) the size, type and location of the tank, and "(iv) the type and quantity of substances left stored in such tank on the date taken out of operation. "(3) Any owner which brings into use an underground storage tank after the initial notification period specified under paragraph (1), shall notify the designated State or local agency or department within thirty days of the existence of such tank, specifying the age, size, type, location and uses of such tank. "(4) Paragraphs (1) through (3) of this subsection shall not apply to tanks for which notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation, and Liabil42 USC 9603. ity Act of 1980. "(5) Beginning thirty days after the Administrator prescribes the form of notice pursuant to subsection (b)(2) and for eighteen months thereafter, any person who deposits regulated substances in an underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this subsection. "(6) Beginning thirty days after the Administrator issues new tank performance standards pursuant to section 9003(e) of this subtitle, any person who sells a tank intended to be used as an Infra. underground storage tank shall notify the purchaser of such tank of the owner's notification requirements pursuant to this subsection. "(b) AGENCY DESIGNATION.—(1) Within one hundred and eighty State and local days after the enactment of the Hazardous and Solid Waste Amend- governments. ments of 1984, the Governors of each State shall designate the appropriate State agency or department or local agencies or departments to receive the notifications under subsection (a)(1), (2), or (3). "(2) Within twelve months after the date of enactment of the Public Hazardous and Solid Waste Amendments of 1984, the Administra- information. tor, in consultation with State and local officials designated pursuant to subsection (b)(D, and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notifications under subsection (a)(1), (2), or (3). In prescribing the form of such notice, the Administrator shall take into account the effect on small businesses and other owners and operators. RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS

"SEC. 9003. (a) REGULATIONS.—The Administrator, after notice and 42 USC 6991b. opportunity for public comment, and at least three months before the effective dates specified in subsection (f), shall promulgate release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment. "(b) DISTINCTIONS IN REGULATIONS.—In promulgating regulations under this section, the Administrator may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions, the Administrator may take into consideration factors, including, but not limited to: location of the tanks, soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended practices, national consensus codes, hydrogeology, water table, size of the tanks, quantity of regulated substances periodically deposited in or dispensed from

�