In this subchapter:
(2) The term "nonoperational storage tank" means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after November 8, 1984.
(3) The term "operator" means any person in control of, or having responsibility for, the daily operation of the underground storage tank.
(4) The term "owner" means—
(A) in the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances and
(B) in the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such tank immediately before the discontinuation of its use.
(5) The term "person" has the same meaning as provided in section 6903(15) of this title, except that such term includes a consortium, a joint venture, and a commercial entity, and the United States Government.
(6) The term "petroleum" means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
(7) The term "regulated substance" means—
(A) any substance defined in section 9601(14) of this title (but not including any substance regulated as a hazardous waste under subchapter III), and
(8) The term "release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water or subsurface soils.
(10) The term "underground storage tank" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10 per centum or more beneath the surface of the ground. Such term does not include any—
(A) farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes,
(B) tank used for storing heating oil for consumptive use on the premises where stored,
(C) septic tank,
(D) pipeline facility (including gathering lines)—
(i) which is regulated under chapter 601 of title 49, or
(ii) which is an intrastate pipeline facility regulated under State laws as provided in chapter 601 of title 49,
and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,
(E) surface impoundment, pit, pond, or lagoon,
(F) storm water or waste water collection system,
(G) flow-through process tank,
(H) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations, or
(I) storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.
The term "underground storage tank" shall not include any pipes connected to any tank which is described in subparagraphs (A) through (I).
(Pub. L. 89–272, title II, §9001, as added Pub. L. 98–616, title VI, §601(a), Nov. 8, 1984, 98 Stat. 3277; amended Pub. L. 99–499, title II, §205(a), Oct. 17, 1986, 100 Stat. 1696; Pub. L. 102–508, title III, §302, Oct. 24, 1992, 106 Stat. 3307; Pub. L. 103–429, §7(d), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 109–58, title XV, §§1532(a), 1533(1), Aug. 8, 2005, 119 Stat. 1104, 1105.)
The Alaska Native Claims Settlement Act, referred to in par. (1)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
2005—Pub. L. 109–58 substituted "In this subchapter:" for "For the purposes of this subchapter—" in introductory provisions, added pars. (1) and (9), redesignated former pars. (1) to (8) as pars. (10), (7), (4), (3), (8), (5), (2), and (6), respectively, and, in par. (4)(A), substituted "substances" for "sustances".
1994—Par. (1)(D). Pub. L. 103–429 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "pipeline facility (including gathering lines)—
"(i) which is regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671 et seq.),
"(ii) which is regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001 et seq.), or
"(iii) which is an intrastate pipeline facility regulated under State laws as provided in the provisions of law referred to in clause (i) or (ii) of this subparagraph,
and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,".
1992—Par. (1)(D). Pub. L. 102–508 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "pipeline facility (including gathering lines) regulated under—
"(i) the Natural Gas Pipeline Safety Act of 1968,
"(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or
"(iii) which is an intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in clause (i) or (ii) of this subparagraph,".
1986—Par. (2)(B). Pub. L. 99–499 struck out ", including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute)". See par. (8).
Par. (8). Pub. L. 99–499 added par. (8).
Pub. L. 106–554, §1(a)(4) [div. B, title XII, §1201], Dec. 21, 2000, 114 Stat. 2763, 2763A–313, provided that:
"(A) that is used to contain an accumulation of regulated substances; and
"(B) the volume of which (including the volume of any connected pipe) is located wholly above the surface of the ground.
"(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 et seq.);
"(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
"(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
"(D) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or
"(E) any other Federal law that is applicable to the release into the environment of a regulated substance, as determined by the Administrator.
"(A) the State, on behalf of a Native village; or
"(B) the Denali Commission.
"(1) leaks or poses an imminent threat of leaking, as certified by the Administrator, the Commandant of the Coast Guard, or any other appropriate Federal or State agency (as determined by the Administrator); and
"(2) is located in a Native village—
"(A) the median household income of which is less than 80 percent of the median household income in the State;
"(B) that is located—
"(i) within the boundaries of—
"(I) a unit of the National Park System;
"(II) a unit of the National Wildlife Refuge System; or
"(III) a National Forest; or
"(ii) on public land under the administrative jurisdiction of the Bureau of Land Management; or
"(C) that receives payments from the Federal Government under chapter 69 of title 31, United States Code (commonly known as 'payments in lieu of taxes').
"(1) the Administrator;
"(2) the Committee on Resources [now Committee on Natural Resources] of the House of Representatives;
"(3) the Committee on Environment and Public Works of the Senate;
"(4) the Committee on Appropriations of the House of Representatives; and
"(5) the Committee on Appropriations of the Senate.
"(1) $20,000,000 for fiscal year 2001; and
"(2) such sums as are necessary for each fiscal year thereafter."
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
1 So in original. The semicolon probably should be a period and the word "and" probably should not appear.