(a) Guidelines
(1) In generalNot 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—
(C)
daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or
release from an
underground storage tank system.
(2) ConsiderationsThe 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;
(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) RequirementsState requirements described in paragraph (1) shall—
(A)
be consistent with subsection (a);
(C)
take into consideration training programs implemented by tank
owners and tank
operators as of
August 8, 2005; and
(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) TrainingAll 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—
(
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.)
References in Text
August 8, 2005, 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 Pub. L. 109–58, which amended this section generally, to reflect the probable intent of Congress.
Amendments
2005—Pub. L. 109–58 amended section catchline and text generally. Prior to amendment, text read as follows: “For authorization of appropriations to carry out this subchapter, see section 6916(g) of this title.”
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