I

104TH CONGRESS

2D SESSION H. R. 3283

To require the Administrator of the Environmental Protection Agency to

issue a regulation that consolidates all environmental laws administered

by the Agency and health and safety laws applicable to the construction,

maintenance, and operation of aboveground storage tanks, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 22, 1996

Mr. MORAN (for himself, Mrs. MORELLA, and Mr. DAVIS) introduced the following bill; which was referred to the Committee on Commerce, and in

addition to the Committee on Transportation and Infrastructure, for a

period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To require the Administrator of the Environmental Protection Agency to issue a regulation that consolidates all

environmental laws administered by the Agency and

health and safety laws applicable to the construction,

maintenance, and operation of aboveground storage

tanks, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Aboveground Petro3 leum Storage Tank Consolidation and Regulatory Im4 provement Act’’.

5 SEC. 2. FINDINGS.

6 Congress finds that—

7 (1) improvement of Federal regulation of above8 ground storage tanks will lead to greater prevention

9 and containment of releases from aboveground stor10 age tanks and improvement of the environment;

11 (2) the Administrator of the Environmental

12 Protection Agency has not fully implemented any of

13 the 7 recommendations made in the 1989 report of

14 the General Accounting Office on inland oil spills;

15 (3) consolidation of Federal aboveground stor16 age tank provisions will lead to simplification of the

17 regulatory program and will allow the Administrator

18 to eliminate duplication and conflicting aboveground

19 storage tank regulations; and

20 (4) in order to promote environmental protec21 tion, aboveground petroleum storage tank secondary

22 containment structures should meet a minimum per23 meability standard.

24 SEC. 3. PURPOSES.

25 The purposes of this Act are—

26 (1) to promote protection of the environment;
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1 (2) to streamline the offices in the Environ2 mental Protection Agency and other departments

3 and agencies that administer laws governing above4 ground storage tanks and underground storage

5 tanks;

6 (3) to consolidate the laws governing above7 ground storage tanks and eliminate duplicative regu8 lations; and

9 (4) to encourage release prevention and fire

10 protection measures in the operation of aboveground

11 storage tanks.

12 SEC. 4. DEFINITIONS.

13 In this Act:

14 (1) ABOVEGROUND PETROLEUM STORAGE

15 TANK.—The term ‘‘aboveground petroleum storage

16 tank’’—

17 (A) means an aboveground storage tank

18 that—

19 (i) has a capacity of 42,000 gallons or

20 more; and

21 (ii) is or was at any time used to con22 tain any accumulation of a regulated pe23 troleum substance; but
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1 (B) does not include an aboveground stor2 age tank that is used directly in the production

3 of crude oil or natural gas.

4 (2) ABOVEGROUND STORAGE TANK.—The term

5 ‘‘aboveground storage tank’’—

6 (A) means a stationary tank, including

7 pipes, up to the first first flange, connected to

8 the stationary tank within the facility in which

9 the stationary tank is located, that is or was at

10 any time used to contain an accumulation of a

11 regulated substance, the volume of which tank

12 (including the volume of all piping within the

13 facility) is greater than 90 percent above

14 ground; and

15 (B) includes any tank that is capable of

16 being visually inspected; but

17 (C) does not include—

18 (i) a surface impoundment, pit, pond,

19 or lagoon;

20 (ii) a storm water or wastewater col21 lection system;

22 (iii) a flow-through process tank (in23 cluding a pressure vessel or process vessel

24 and oil and water separators);
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1 (iv) an intermediate bulk container or

2 similar tank that may be moved within a

3 facility;

4 (v) a tank that is regulated under the

5 Surface Mining Control and Reclamation

6 Act of 1977 (30 U.S.C. 1201 et seq.);

7 (vi) a tank that is used for the stor8 age of products regulated under the Fed9 eral Food, Drug, and Cosmetic Act (21

10 U.S.C. 301 et seq.);

11 (vii) a tank (including piping and col12 lection and treatment systems) that is used

13 in the management of leachate, methane

14 gas, or methane gas condensate, unless the

15 tank is used for storage of a regulated sub16 stance;

17 (viii) a tank that is used to store pro18 pane gas;

19 (ix) any other tank excluded by the

20 Administrator by regulation issued under

21 this Act;

22 (x) a tank that is used to store a fer23 tilizer raw material, fertilizer intermediate

24 or fertilizer product; or
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1 (xi) any pipe that is connected to a

2 tank or other facility described in this sub3 paragraph.

4 (3) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency.

7 (4) DIRECTOR.—The term ‘‘Director’’ means

8 the Director of the Office.

9 (5) ENVIRONMENTAL LAW.—The term ‘‘envi10 ronmental law’’ means 1 of the following statutes

11 (and includes a regulation issued under any such

12 statute):

13 (A) The Clean Air Act (42 U.S.C. 7401 et

14 seq.).

15 (B) The Comprehensive Environmental

16 Response, Compensation, and Liability Act of

17 1980 (42 U.S.C. 9601 et seq.).

18 (C) The Federal Water Pollution Control

19 Act (33 U.S.C. 1251 et seq.).

20 (D) The Oil Pollution Act of 1990 (33

21 U.S.C. 2701 et seq.).

22 (E) The Solid Waste Disposal Act (42

23 U.S.C. 6901 et seq.).

24 (F) Any other statute administered by the

25 Administrator.
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1 (6) MODEL FIRE CODE.—The term ‘‘model fire

2 code’’ means—

3 (A) fire code 30 or 30–a issued by the Na4 tional Fire Protection Association;

5 (B) the fire code issued by the Uniform

6 Fire Code Institute;

7 (C) the fire code issued by the Southern

8 Building Code Congress International; or

9 (D) the fire code issued by the Building

10 Offices and Code Administrators International.

11 (7) OFFICE.—The term ‘‘Office’’ means the Of12 fice of Storage Tanks established by section 5(a).

13 (8) PETROLEUM.—The term ‘‘petroleum’’

14 means—

15 (A) crude oil; and

16 (B) any fraction of crude oil that is liquid

17 at standard conditions of temperature and pres18 sure (60 degrees Fahrenheit and 14.7 pounds

19 per square inch absolute).

20 (9) REGULATED PETROLEUM SUBSTANCE.—

21 The term ‘‘regulated petroleum substance’’ means—

22 (A) petroleum; and

23 (B) a petroleum-based substance com24 prised of a complex blend of hydrocarbons de25 rived from crude oil through processes of sepa-
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1 ration, conversion, upgrading and finishing,

2 such as a motor fuel, jet fuel, distillate fuel oil,

3 residual fuel oil, lubricant, petroleum solvent, or

4 used or waste oil.

5 (10) REGULATED SUBSTANCE.—The term ‘‘reg6 ulated substance’’ means—

7 (A) a substance (as defined in section 101

8 of the Comprehensive Environmental Response,

9 Compensation, and Liability Act of 1980 (42

10 U.S.C. 9601)), but not including a substance

11 that is regulated as a hazardous waste under

12 subtitle C of the Solid Waste Disposal Act (42

13 U.S.C. 6921 et seq.); and

14 (B) a regulated petroleum substance.

15 (11) UNDERGROUND STORAGE TANK.—The

16 term ‘‘underground storage tank’’ has the meaning

17 stated in section 9001 of the Solid Waste Disposal

18 Act (42 U.S.C. 6991).

19 SEC. 5. CONSOLIDATION OF OFFICES.

20 (a) OFFICE OF STORAGE TANKS.—

21 (1) ESTABLISHMENT.—The Office of Under22 ground Storage Tanks of the Environmental Protec23 tion Agency is redesignated and established as the

24 Office of Storage Tanks.
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1 (2) DIRECTOR.—The Office shall be headed by

2 a Director appointed by the Administrator.

3 (3) FUNCTIONS.—The Director shall perform—

4 (A) the functions that were vested in the

5 Director of the Office of Underground Storage

6 Tanks on the day before the date of enactment

7 of this Act; and

8 (B) the functions transferred to the Direc9 tor (or to the Administrator, acting through the

10 Director) by subsection (b).

11 (b) TRANSFERS OF AUTHORITY.—There are trans12 ferred to the Director all of the authorities of the following

13 officers of the Environmental Protection Agency, insofar

14 as the authorities relate to the regulation of aboveground

15 storage tanks and underground storage tanks under the

16 environmental laws:

17 (1) The Assistant Administrator for Air.

18 (2) The Assistant Administrator for Water.

19 (3) The Director of the Office of Emergency

20 and Remedial Response.

21 (4) Any other officer to whom the Adminis22 trator has delegated authority.

23 (c) MEMORANDUMS OF UNDERSTANDING.—

24 (1) SECRETARY OF LABOR.—The Adminis25 trator, acting through the Director, shall enter into
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1 a Memorandum of Understanding with the Secretary

2 of Labor, acting through the Assistant Secretary for

3 Occupational Safety and Health, to clarify the au4 thorities of the Environmental Protection Agency

5 and the authorities of the Occupational Safety and

6 Health Administration, under the Occupational

7 Safety and Health Act of 1970 (29 U.S.C. 651 et

8 seq.) and section 126 of the Superfund Amendments

9 and Reauthorization Act of 1986 (Public Law 99–

10 499; 29 U.S.C. 655 note), with regard to the regula11 tion of aboveground storage tanks and underground

12 storage tanks.

13 (2) SECRETARY OF TRANSPORTATION.—The

14 Administrator, acting through the Director, shall

15 enter into a Memorandum of Understanding with

16 the Secretary of Transportation, acting through the

17 Administrator for Research and Special Programs,

18 acting through the Associate Administrator for Pipe19 line Safety and the Associate Administrator for Haz20 ardous Materials Technology, to clarify the authori21 ties of the Environmental Protection Agency and the

22 authorities of the Secretary of Transportation, under

23 chapter 601 of title 49, United States Code, relating

24 to the regulation of aboveground storage tanks and

25 underground storage tanks.
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1 SEC. 6. CONSOLIDATION OF APPLICABLE LAWS.

2 (a) RESTATEMENT IN CONSOLIDATED FORM.—

3 (1) IN GENERAL.—Not later than 3 years after

4 the date of enactment of this Act, the Director, in

5 consultation with the States, shall evaluate all laws

6 (including regulations) administered by the Director

7 and, after notice and opportunity for public com8 ment, issue a regulation that restates those laws in

9 consolidated form and streamlines, to the extent

10 practicable, the application of those laws to owners

11 and operators of aboveground storage tanks and un12 derground storage tanks.

13 (2) INTENT OF CONGRESS.—In directing the

14 Director in paragraph (1) to restate the laws in con15 solidated form, it is not the intent of Congress to di16 rect or authorize the Director to modify the require17 ments of those laws in any way, except as necessary

18 or appropriate to eliminate any duplication or incon19 sistencies or to reduce any unnecessary regulatory

20 burdens and except as provided in subsections (b),

21 (c), and (d).

22 (b) MODEL FIRE CODES.—The regulation under sub23 section (a) shall be consistent with and adopt by reference

24 the model fire codes, as in effect on the date of enactment

25 of this Act or as they may be amended.

26 (c) RELEASES.—
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1 (1) REPORTING REQUIREMENTS APPLICABLE

2 TO ALL ABOVEGROUND STORAGE TANKS.—The regu3 lation under subsection (a) shall require that an

4 owner or operator of an aboveground storage tank

5 shall report a release of 42 gallons or more of a reg6 ulated substance that occurs during a period of time

7 specified by the director, not to exceed 5 calendar

8 days, including a description of the corrective action

9 taken in response to the release, to the national re10 sponse center established under the Federal Water

11 Pollution Control Act (33 U.S.C. 1251 et seq.), un12 less the release is required to be reported, and is re13 ported, under other Federal law.

14 (2) ORDERS APPLICABLE TO ABOVEGROUND

15 PETROLEUM STORAGE TANKS.—After a release from

16 an aboveground petroleum storage tank containing a

17 regulated substance that is determined to be an im18 minent threat to human health, public safety, or the

19 environment, the Administrator may issue an order

20 prohibiting the use or operation of the aboveground

21 petroleum storage tank until the Administrator de22 termines that—

23 (A) the prohibition is not necessary to pro24 tect human health, public safety, or the envi25 ronment; or
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1 (B) adequate corrective action has been

2 taken, in accordance with the law regulating

3 corrective action that is in effect on the date on

4 which the determination is made.

5 (d) CORRECTION OF DEFICIENCIES IN THE LAW AP6 PLICABLE TO ABOVEGROUND PETROLEUM STORAGE

7 TANKS.—

8 (1) ADDITIONAL AUTHORITY.—In addition to

9 the authority transferred to the Director by section

10 5(b), the Director shall have authority to issue, and

11 shall include in the regulation under subsection (a),

12 release detection, prevention, and correction regula13 tions applicable to owners and operators of above14 ground petroleum storage tanks, as necessary to

15 protect human health and the environment.

16 (2) CORRECTION OF DEFICIENCIES.—In con17 ducting the evaluation of laws and issuing the regu18 lation under subsection (a), the Director shall—

19 (A) determine whether there are any defi20 ciencies in the law applicable to aboveground

21 petroleum storage tanks on the day before the

22 date of enactment of this Act, specifically with

23 reference to secondary containment, overfill pre24 vention, testing, inspection, compatibility, in25 stallation, corrosion protection, and structural
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1 integrity of aboveground petroleum storage

2 tanks; and

3 (B) if the Director determines that any

4 such deficiencies exist—

5 (i) examine industry standards that

6 address the deficiencies;

7 (ii) give substantial weight to industry

8 standards in formulating the regulations

9 required by paragraph (1); and

10 (iii) design the regulation in the most

11 cost-effective manner to address the defi12 ciencies.

13 (e) CORRECTION OF DEFICIENCIES IN THE LAW AP14 PLICABLE TO UNDERGROUND STORAGE TANKS.—In con15 junction with the evaluation of laws and issuing the regu16 lations under subsection (a), the Director shall provide

17 that the storage capacity of a facility does not include the

18 capacity of underground storage tanks that are currently

19 subject to the requirements of part 280 of title 40 of the

20 Code of Federal Regulations or the capacity of under21 ground storage tanks that are permanently closed in ac22 cordance with subpart G of such part 280.

23 (f) ENFORCEMENT.—

24 (1) IN GENERAL.—The regulation under sub25 section (a) shall make clear the statutory enforce-
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1 ment provisions and other statutory provisions that

2 apply to each provision of the regulation.

3 (2) ADDITIONAL AUTHORITY.—Any provision of

4 the regulation under subsection (c) or (d) that im5 plements authority conferred by this Act in addition

6 to authority under law in effect on the day before

7 the date of enactment of this Act shall be enforced

8 under and in accordance with the procedures stated

9 in section 9006 of the Solid Waste Disposal Act (42

10 U.S.C. 6991e).

11 SEC. 7. REPORTS.

12 (a) INTERIM REPORT.—Not later than 2 years after

13 the date of enactment of this Act, the Director shall sub14 mit to Congress a report describing the progress made and

15 any tentative conclusions drawn in the evaluation process

16 under section 6(a)(1).

17 (b) FINAL REPORT.—Simultaneously with the issu18 ance of the regulation under section 6(a)(1), the Director

19 shall submit to Congress a final report that—

20 (1) describes the evaluation made and the regu21 lation issued under section 6(a)(1); and

22 (2)(A) states the extent to which the regulation

23 implements the recommendations made in the 1989

24 report of the General Accounting Office on inland oil

25 spills and the 1995 report of the General Accounting
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1 Office on the status of the Environmental Protection

2 Agency’s efforts to improve the safety of above3 ground storage tanks; and

4 (B) to the extent that the consolidated regula5 tion does not implement the recommendations, de6 scribes the Director’s plans regarding the rec7 ommendations.

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