II

104TH CONGRESS

2D SESSION S. 1537

To require the Administrator of the Environmental Protection Agency to

issue a regulation that consolidates all environmental laws and health

and safety laws applicable to the construction, maintenance, and operation of aboveground storage tanks, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26, 1996

Mr. ROBB (for himself, Mr. DASCHLE, and Mr. SIMPSON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

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

environmental laws 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Aboveground Storage

5 Tank Consolidation and Regulatory Improvement Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) improvement of Federal regulation of above2 ground storage tanks will lead to greater prevention

3 and containment of releases from aboveground stor4 age tanks and improvement of the environment;

5 (2) the Administrator of the Environmental

6 Protection Agency has not fully implemented any of

7 the 7 recommendations made in the 1989 report of

8 the General Accounting Office on inland oil spills;

9 (3) consolidation of Federal aboveground stor10 age tank provisions will lead to simplification of the

11 regulatory program and will allow the Administrator

12 to eliminate duplication and conflicting aboveground

13 storage tank regulations; and

14 (4) in order to promote environmental protec15 tion, aboveground storage tank secondary contain16 ment structures should meet a minimum permeabil17 ity standard.

18 SEC. 3. PURPOSES.

19 The purposes of this Act are—

20 (1) to promote protection of the environment;

21 (2) to streamline the offices in the Environ22 mental Protection Agency and other departments

23 and agencies that administer laws governing above24 ground storage tanks and underground storage

25 tanks;
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1 (3) to consolidate the laws governing above2 ground storage tanks and eliminate duplicative regu3 lations; and

4 (4) to encourage release prevention and fire

5 protection measures in the operation of aboveground

6 storage tanks.

7 SEC. 4. DEFINITIONS.

8 In this Act:

9 (1) ABOVEGROUND PETROLEUM STORAGE

10 TANK.—The term ‘‘aboveground petroleum storage

11 tank’’—

12 (A) means an aboveground storage tank

13 that—

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

15 more; and

16 (ii) is or was at any time used to con17 tain any accumulation of a regulated pe18 troleum substance; but

19 (B) does not include an aboveground stor20 age tank that is used directly in the production

21 of crude oil or natural gas.

22 (2) ABOVEGROUND STORAGE TANK.—The term

23 ‘‘aboveground storage tank’’—

24 (A) means a stationary tank, including un25 derground pipes and dispensing systems con-
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1 nected to the stationary tank within the facility

2 in which the stationary tank is located, that is

3 or was at any time used to contain an accumu4 lation of a regulated substance, the volume of

5 which tank (including the volume of all piping

6 within the facility) is greater than 90 percent

7 above ground; and

8 (B) includes any tank that is capable of

9 being visually inspected; but

10 (C) does not include—

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

12 or lagoon;

13 (ii) a storm water or wastewater col14 lection system;

15 (iii) a flow-through process tank (in16 cluding a pressure vessel or process vessel

17 and oil and water separators);

18 (iv) an intermediate bulk container or

19 similar tank that may be moved within a

20 facility;

21 (v) a tank that is regulated under the

22 Surface Mining Control and Reclamation

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

24 (vi) a tank that is used for the stor25 age of products regulated under the Fed-
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1 eral Food, Drug, and Cosmetic Act (21

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

3 (vii) a tank (including piping and col4 lection and treatment systems) that is used

5 in the management of leachate, methane

6 gas, or methane gas condensate, unless the

7 tank is used for storage of a regulated sub8 stance;

9 (viii) a tank that is used to store pro10 pane gas;

11 (ix) any other tank excluded by the

12 Administrator by regulation issued under

13 this Act; or

14 (x) any pipe that is connected to a

15 tank or other facility described in this sub16 paragraph.

17 (3) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency.

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

21 the Director of the Office.

22 (5) ENVIRONMENTAL LAW.—The term ‘‘envi23 ronmental law’’ means 1 of the following statutes

24 (and includes a regulation issued under any such

25 statute):
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1 (A) The Clean Air Act (42 U.S.C. 7401 et

2 seq.).

3 (B) The Comprehensive Environmental

4 Response, Compensation, and Liability Act of

5 1980 (42 U.S.C. 9601 et seq.).

6 (C) The Federal Water Pollution Control

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

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

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

10 (E) The Solid Waste Disposal Act (42

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

12 (F) Any other statute administered by the

13 Administrator.

14 (6) MODEL FIRE CODE.—The term ‘‘model fire

15 code’’ means—

16 (A) fire code 30 or 30–a issued by the Na17 tional Fire Protection Association;

18 (B) the fire code issued by the Uniform

19 Fire Code Institute;

20 (C) the fire code issued by the Southern

21 Building Code Congress International; or

22 (D) the fire code issued by the Building

23 Offices and Code Administrators International.

24 (7) OFFICE.—The term ‘‘Office’’ means the Of25 fice of Storage Tanks established by section 5(a).
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1 (8) PETROLEUM.—The term ‘‘petroleum’’

2 means—

3 (A) crude oil; and

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

5 at standard conditions of temperature and pres6 sure (60 degrees Fahrenheit and 14.7 pounds

7 per square inch absolute).

8 (9) REGULATED PETROLEUM SUBSTANCE.—

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

10 (A) petroleum; and

11 (B) a petroleum-based substance com12 prised of a complex blend of hydrocarbons de13 rived from crude oil through processes of sepa14 ration, conversion, upgrading and finishing,

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

16 residual fuel oil, lubricant, petroleum solvent, or

17 used or waste oil.

18 (10) REGULATED SUBSTANCE.—The term ‘‘reg19 ulated substance’’ means—

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

21 of the Comprehensive Environmental Response,

22 Compensation, and Liability Act of 1980 (42

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

24 that is regulated as a hazardous waste under
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1 subtitle C of the Solid Waste Disposal Act (42

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

3 (B) a regulated petroleum substance.

4 (11) UNDERGROUND STORAGE TANK.—The

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

6 stated in section 9001 of the Solid Waste Disposal

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

8 SEC. 5. CONSOLIDATION OF OFFICES.

9 (a) OFFICE OF STORAGE TANKS.—

10 (1) ESTABLISHMENT.—The Office of Under11 ground Storage Tanks of the Environmental Protec12 tion Agency is redesignated and established as the

13 Office of Storage Tanks.

14 (2) DIRECTOR.—The Office shall be headed by

15 a Director appointed by the Administrator.

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

17 (A) the functions that were vested in the

18 Director of the Office of Underground Storage

19 Tanks on the day before the date of enactment

20 of this Act; and

21 (B) the functions transferred to the Direc22 tor (or to the Administrator, acting through the

23 Director) by subsection (b).

24 (b) TRANSFERS OF AUTHORITY.—
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1 (1) INTRA-AGENCY TRANSFERS.—There are

2 transferred to the Director all of the authorities of

3 the following officers of the Environmental Protec4 tion Agency, insofar as the authorities relate to the

5 regulation of aboveground storage tanks and under6 ground storage tanks under the environmental laws:

7 (A) The Assistant Administrator for Air.

8 (B) The Assistant Administrator for

9 Water.

10 (C) The Director of the Office of Emer11 gency and Remedial Response.

12 (D) Any other officer to whom the Admin13 istrator has delegated authority.

14 (2) TRANSFER FROM THE SECRETARY OF

15 LABOR.—There are transferred to the Adminis16 trator, acting through the Director, all of the au17 thorities of the Secretary of Labor, acting through

18 the Assistant Secretary for Occupational Safety and

19 Health, insofar as the authorities relate to the regu20 lation of aboveground storage tanks and under21 ground storage tanks under the Occupational Safety

22 and Health Act of 1970 (29 U.S.C. 651 et seq.) and

23 section 126 of the Superfund Amendments and Re24 authorization Act of 1986 (Public Law 99–499; 29

25 U.S.C. 655 note).
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1 (3) TRANSFER FROM THE SECRETARY OF

2 TRANSPORTATION.—There are transferred to the

3 Administrator, acting through the Director, all of

4 the authorities of the Secretary of Transportation,

5 acting through the Administrator for Research and

6 Special Programs, acting through the Associate Ad7 ministrator for Pipeline Safety and the Associate

8 Administrator for Hazardous Materials Technology,

9 insofar as the authorities relate to the regulation of

10 aboveground storage tanks and underground storage

11 tanks under chapter 601 of title 49, United States

12 Code.

13 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA14 TIONS AND PERSONNEL.—There are transferred to the

15 Environmental Protection Agency, in accordance with sec16 tion 1531 of title 31, United States Code—

17 (1) the assets, liabilities, contracts, property,

18 records, and unexpended balances of appropriations,

19 authorizations, allocations, and other funds em20 ployed, used, held, arising from, available to, or to

21 be made available in connection with the functions

22 transferred by subsection (b) (2) and (3); and

23 (2)(A) the personnel employed in connection

24 with those functions; or
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1 (B) the amount of unexpended balances of ap2 propriations necessary to enable the Administrator

3 to employ persons in the number of full time equiva4 lent positions as the persons employed in connection

5 with those functions on the day before the date of

6 enactment of this Act,

7 as determined by the Director of the Office of Manage8 ment and Budget, in consultation with the Administrator,

9 the Secretary of Labor, and the Secretary of Transpor10 tation.

11 SEC. 6. CONSOLIDATION OF APPLICABLE LAWS.

12 (a) RESTATEMENT IN CONSOLIDATED FORM.—

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

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

15 consultation with the States, shall evaluate all laws

16 (including regulations) administered by the Director

17 and, after notice and opportunity for public com18 ment, issue a regulation that restates those laws in

19 consolidated form and streamlines, to the extent

20 practicable, the application of those laws to owners

21 and operators of aboveground storage tanks and un22 derground storage tanks.

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

24 Director in paragraph (1) to restate the laws in con25 solidated form, it is not the intent of Congress to di-
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1 rect or authorize the Director to modify the require2 ments of those laws in any way, except as necessary

3 or appropriate to eliminate any duplication or incon4 sistencies or to reduce any unnecessary regulatory

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

6 (c), and (d).

7 (b) MODEL FIRE CODES.—The regulation under sub8 section (a) shall be consistent with and based on the model

9 fire codes, as in effect on the date of enactment of this

10 Act or as they may be amended.

11 (c) RELEASES.—

12 (1) REPORTING REQUIREMENTS APPLICABLE

13 TO ALL ABOVEGROUND STORAGE TANKS.—The regu14 lation under subsection (a) shall require that an

15 owner or operator of an aboveground storage tank

16 shall report a release of 42 gallons or more of a reg17 ulated substance that occurs during a period of time

18 specified by the director, not to exceed 5 calendar

19 days, including a description of the corrective action

20 taken in response to the release, to the national re21 sponse center established under the Federal Water

22 Pollution Control Act (33 U.S.C. 1251 et seq.), un23 less the release is required to be reported, and is re24 ported, under other Federal law.
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1 (2) ORDERS APPLICABLE TO ABOVEGROUND

2 STORAGE TANKS.—After a release from an above3 ground storage tank containing a regulated sub4 stance that is determined to be an imminent threat

5 to human health, public safety, or the environment,

6 the Administrator may issue an order prohibiting

7 the use or operation of all or any portion of a stor8 age tank farm within a facility in which the above9 ground petroleum storage tank is located, until the

10 Administrator determines that—

11 (A) the prohibition is not necessary to pro12 tect human health, public safety, or the envi13 ronment; or

14 (B) adequate corrective action has been

15 taken, in accordance with the law regulating

16 corrective action that is in effect on the date on

17 which the determination is made.

18 (d) CORRECTION OF DEFICIENCIES IN THE LAW AP19 PLICABLE TO ABOVEGROUND PETROLEUM STORAGE

20 TANKS.—

21 (1) ADDITIONAL AUTHORITY.—In addition to

22 the authority transferred to the Director by section

23 5(b), the Director shall have authority to issue, and

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

25 release detection, prevention, and correction regula-
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1 tions applicable to owners and operators of above2 ground petroleum storage tanks, as necessary to

3 protect human health and the environment.

4 (2) CORRECTION OF DEFICIENCIES.—In con5 ducting the evaluation of laws and issuing the regu6 lation under subsection (a), the Director shall—

7 (A) determine whether there are any defi8 ciencies in the law applicable to aboveground

9 petroleum storage tanks on the day before the

10 date of enactment of this Act, specifically with

11 reference to secondary containment, overfill pre12 vention, testing, inspection, compatibility, in13 stallation, corrosion protection, and structural

14 integrity of aboveground petroleum storage

15 tanks; and

16 (B) if the Director determines that any

17 such deficiencies exist—

18 (i) examine industry standards that

19 address the deficiencies;

20 (ii) give substantial weight to industry

21 standards in formulating the regulations

22 required by paragraph (1); and

23 (iii) design the regulation in the most

24 cost-effective manner to address the defi25 ciencies.
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1 (e) ENFORCEMENT.—

2 (1) IN GENERAL.—The regulation under sub3 section (a) shall make clear the statutory enforce4 ment provisions and other statutory provisions that

5 apply to each provision of the regulation.

6 (2) ADDITIONAL AUTHORITY.—Any provision of

7 the regulation under subsection (c) or (d) that im8 plements authority conferred by this Act in addition

9 to authority under law in effect on the day before

10 the date of enactment of this Act shall be enforced

11 under and in accordance with the procedures stated

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

13 U.S.C. 6991e).

14 SEC. 7. REPORTS.

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

16 the date of enactment of this Act, the Director shall sub17 mit to Congress a report describing the progress made and

18 any tentative conclusions drawn in the evaluation process

19 under section 6(a)(1).

20 (b) FINAL REPORT.—Simultaneously with the issu21 ance of the regulation under section 6(a)(1), the Director

22 shall submit to Congress a final report that—

23 (1) describes the evaluation made and the regu24 lation issued under section 6(a)(1); and
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1 (2)(A) states the extent to which the regulation

2 implements the recommendations made in the 1989

3 report of the General Accounting Office on inland oil

4 spills and the 1995 report of the General Accounting

5 Office on the status of the Environmental Protection

6 Agency’s efforts to improve the safety of above7 ground storage tanks; and

8 (B) to the extent that the consolidated regula9 tion does not implement the recommendations, de10 scribes the Director’s plans regarding the rec11 ommendations.

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