I

103D CONGRESS

1ST SESSION H. R. 1360

To regulate aboveground storage tanks used to store regulated substances,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1993

Mr. MORAN introduced the following bill; which was referred to the Committee

on Energy and Commerce

JUNE 2, 1993

Additional sponsors: Mr. FLAKE, Ms. BYRNE, Mr. WOLF, Mr. GONZALEZ, Ms.

WATERS, Mr. TORRES, Mr. HASTINGS, Mr. JEFFERSON, and Mr. PETE

GEREN of Texas

A BILL

To regulate aboveground storage tanks used to store

regulated substances, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Safe Aboveground Storage Tank Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.
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Sec. 3. Definitions.

Sec. 4. Notification.

Sec. 5. Release detection, prevention, and correction regulations and inspection

requirement.

Sec. 6. State programs.

Sec. 7. Access to information.

Sec. 8. Federal enforcement.

Sec. 9. Federal facilities.

Sec. 10. Studies of aboveground storage tanks.

Sec. 11. Consolidation with underground tank program

Sec. 12. Authorization of appropriations.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress finds that—

3 (1) as a result of pressing environmental con4 cerns about undetected leaking underground tanks,

5 and increased regulation of such tanks, increasing

6 amounts of petroleum products are being stored

7 aboveground in tanks of all sizes;

8 (2) aboveground tanks, originally in disfavor be9 cause of fire protection concerns, are increasingly

10 popular because of their ability to be easily mon11 itored for leaks and spills;

12 (3) State and local fire authorities have consist13 ently regulated small aboveground tanks and their

14 current strict fire safety requirements have proven

15 to provide excellent environmental protection as well;

16 and

17 (4) to date no Federal legislation has existed

18 that comprehensively regulates aboveground tanks of

19 all sizes and their associated piping for environ20 mental protection concerns.
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1 (b) PURPOSES.—The purpose of this Act is to estab2 lish a comprehensive program for the regulation of above3 ground storage tanks to promote environmental protection

4 and protection against fires by ensuring that all above5 ground storage tanks are managed in accordance with

6 Federal environmental standards designed to prevent

7 leaks and spills and to assure expeditious spill reporting

8 and cleanup.

9 SEC. 3. DEFINITIONS.

10 As used in this Act:

11 (1) ABOVEGROUND STORAGE TANK.—

12 (A) IN GENERAL.—The term ‘‘above13 ground storage tank’’ means any one or com14 bination of tanks located aboveground (includ15 ing any pipe connected to the tank) that is used

16 to contain an accumulation of regulated sub17 stances and that is located at least 90 percent

18 above the surface of the ground (as measured

19 by volume), including—

20 (i) a field-erected tank;

21 (ii) a rebuilt tank;

22 (iii) a shop-fabricated tank; and

23 (iv) a storage tank situated in an un24 derground area (including a basement, cel25 lar, mineworking, drift, shaft, or tunnel) if
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1 the storage tank is situated on or above

2 the surface of the floor.

3 (B) EXCLUSIONS.—The term shall not in4 clude any of the following:

5 (i) A farm or residential tank of 1,100

6 gallons or less capacity used for storing

7 motor fuel for noncommercial purposes.

8 (ii) A tank of 1,100 gallons or less ca9 pacity used for storing heating oil for con10 sumptive use on the premises where stored.

11 (iii) A stationary tank of 1,100 gal12 lons or less capacity used for storing fuel

13 to supply stationary fuel-fired equipment

14 through a system of fixed valves and pip15 ing.

16 (iv) A storm water or waste water col17 lection system.

18 (v) A flow-through process tank.

19 (vi) A liquid trap or associated gath20 ering lines directly related to oil or gas

21 production and gathering operations.

22 (vii) Except as provided in section 4

23 and in subsections (i) and (j) of section 5,

24 a fire-protected tank regulated by State or

25 local fire regulatory authorities with a ca-
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1 pacity of not more than 12,000 gallons lo2 cated at a facility with a cumulative tank

3 capacity of not more than 42,000 gallons.

4 (viii) Except as provided in section 4,

5 a production tank.

6 (ix) A pipe connected to a tank, sys7 tem, trap or line described in clauses (i)

8 through (vi).

9 (2) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (3) FACILITY.—The term ‘‘facility’’ means,

13 with respect to an owner or operator, all above14 ground storage tanks and their associated piping

15 used for the storage of regulated substances that are

16 owned or operated by the owner or operator and lo17 cated on a single parcel of property (or on contig18 uous or adjacent property).

19 (4) FIELD-ERECTED TANK.—The term ‘‘field20 erected tank’’ means an aboveground storage tank

21 that is primarily assembled, erected, inspected, and

22 tested for releases on the site where the tank is

23 intended to be operated.

24 (5) FLOW-THROUGH PROCESS TANK.—
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1 (A) IN GENERAL.—The term ‘‘flow2 through process tank’’ means a tank that forms

3 an integral part of a production process

4 through which there is a steady, variable, recur5 ring, or intermittent flow of materials during

6 the operation of the process.

7 (B) EXCLUSIONS.—The term does not in8 clude a tank used—

9 (i) for the storage of materials prior

10 to introduction of the materials into the

11 production process; or

12 (ii) for the storage of finished prod13 ucts or byproducts from the production

14 process.

15 (6) NONOPERATIONAL STORAGE TANK.—The

16 term ‘‘nonoperational storage tank’’ means an

17 aboveground storage tank in which regulated sub18 stances are not deposited, and from which regulated

19 substances are not dispensed, after the date of en20 actment of this Act.

21 (7) OPERATOR.—The term ‘‘operator’’ means a

22 person who is in control of, or has responsibility for,

23 the daily operation of an aboveground storage tank.

24 (8) OWNER.—

25 (A) The term ‘owner’ means—
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1 (i) in the case of an aboveground stor2 age tank in use on the date of enactment

3 of this Act, or brought into use after that

4 date, a person who owns an aboveground

5 storage tank used for the storage, use, or

6 dispensing of regulated substances; and

7 (ii) in the case of an aboveground

8 storage tank in use before the date of en9 actment of this Act, but no longer in use

10 after that date, a person who owned the

11 tank immediately before the discontinu12 ation of its use.

13 (B) EXCLUSION.—The term does not in14 clude a person who holds indicia of ownership

15 primarily to protect his security interest in the

16 tank, unless, through foreclosure or other relat17 ed actions, the person takes possession of the

18 tank.

19 (9) PERSON.—The term ‘‘person’’ has the same

20 meaning as provided in section 1004(15) of the

21 Solid Waste Disposal Act (42 U.S.C. 6903(15)), ex22 cept that the term also includes any consortium,

23 joint venture, or commercial entity, and the United

24 States Government.
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1 (10) PETROLEUM.—The term ‘‘petroleum’’

2 means petroleum, including crude oil or a fraction of

3 crude oil, that is liquid at standard conditions of

4 temperature and pressure (60 degrees Fahrenheit

5 and 14.7 pounds per square inch absolute).

6 (11) PRODUCTION TANK.—The term ‘‘produc7 tion tank’’ means a tank used to contain fluids de8 rived from, or associated with, oil or natural gas ex9 ploration or production.

10 (12) FIRE-PROTECTED TANK.—

11 (A) IN GENERAL.—The term ‘‘fire-pro12 tected tank’’ means an inner tank that is sur13 rounded by a barrier that provides not less than

14 a 2-hour pool fire resistive rating, that is im15 pact-resistant, that has integral or external sec16 ondary containment, that contains liquid with a

17 flash point below 140 degrees Fahrenheit,

18 whose exterior surface (including connecting

19 piping) and the floor beneath the tank is mon20 itored, and that is constructed and installed in

21 accordance with the model fire code require22 ments described in subparagraph (B).

23 (B) MODEL FIRE CODE REQUIREMENTS.—

24 (i) Subject to clause (ii), the requirements re25 ferred to in subparagraph (A) are the require-
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1 ments of 1 or more of the following model fire

2 codes: National Fire Protection Association

3 (30) or (30–A), the National Fire Code of the

4 Building Officials and Code Administrators

5 International, Inc., the Uniform Fire Code of

6 the International Fire Code Institute, and the

7 Standard Fire Prevention Code of the Southern

8 Building Code Congress International.

9 (ii) A model fire code listed in clause (i)

10 may be used for purposes of subparagraph (A)

11 only if the requirements of the code are as

12 stringent as, or more stringent than, the re13 quirements of the code as the code existed on

14 the date of the enactment of this Act.

15 (C) NEW TECHNOLOGIES.—The term ‘fire16 protected tank’ includes any tank with a capac17 ity of not more than 12,000 gallons that uses

18 technologies developed after the date of the en19 actment of this Act and that provides protection

20 against fire, and protection of the environment,

21 that is equivalent or superior (as determined by

22 the Administrator) to the protection provided

23 by a tank meeting the requirements of subpara24 graph (A).
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1 (D) APPLICATION OF PROTECTION MATE2 RIAL ON NEW TANKS.—In the case of a tank

3 brought into use after the date of the enact4 ment of this Act, the tank shall be considered

5 a fire-protected tank only if the protection ma6 terial required by industry and model fire codes

7 is fully applied or installed on the inner storage

8 tank at the manufacturing site prior to inspec9 tion and testing for release and shipment.

10 (E) FLASH POINT DEFINED.—As used in

11 this paragraph, the term ‘‘flash point’’ shall

12 have the meaning provided by the Adminis13 trator, determined in accordance with—

14 (i) testing methods under the regula15 tions on management standards for haz16 ardous waste under subtitle C; and

17 (ii) the model fire code requirements

18 described in subparagraph (B).

19 (13) REBUILT TANK.—The term ‘‘rebuilt tank’’

20 means an aboveground storage tank that was in use,

21 was disassembled, and was subsequently erected

22 elsewhere.

23 (14) REGULATED SUBSTANCE.—The term ‘‘reg24 ulated substance’’ means—
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1 (A) a substance defined in section 101(14)

2 of the Comprehensive Environmental Response,

3 Compensation, and Liability Act of 1980 (42

4 U.S.C. 9601(14)) (but not including a sub5 stance regulated as a hazardous waste under

6 subtitle C of the Solid Waste Disposal Act (42

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

8 (B) petroleum.

9 (15) RELEASE.—The term ‘‘release’’ means any

10 spilling, leaking, pumping, pouring, emptying, dump11 ing, emitting, discharging, escaping, leaching, or dis12 posing from an aboveground storage tank into

13 ground water, surface water, or soil.

14 (16) SECONDARY CONTAINMENT.—The term

15 ‘‘secondary containment’’ means a system that is

16 used for release prevention (including release preven17 tion underneath the tank), including any of the

18 following:

19 (A) A system capable of catching and hold20 ing 110 percent of the full capacity of the tank

21 and the associated piping of the tank.

22 (B) A double-walled tank with appropriate

23 venting and double-walled piping.

24 (C) An external liner.
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1 (D) A fire-protected tank, the secondary

2 containment portion of which is capable of re3 taining at least 100 percent of the contents of

4 the inner tank and the associated piping of the

5 inner tank.

6 (E) A system or structure constructed in

7 such manner that any release would be collected

8 by a drainage system or structure and routed to

9 a waste water treatment system with an appro10 priate permit issued by the Adminstrator, plant

11 recirculating process system, or alternate con12 tainment system approved by the Adminis13 trator.

14 SEC. 4. NOTIFICATION.

15 (a) ABOVEGROUND STORAGE TANKS.—

16 (1) IN GENERAL.—

17 (A) EXISTING TANKS.—Not later than 18

18 months after the date of enactment of this Act,

19 and every 2 years thereafter, each owner of an

20 aboveground storage tank shall notify the State

21 or local department or agency designated pur22 suant to subsection (b) of the existence of the

23 aboveground storage tank. The notification

24 shall specify the age, size, type, location, and

25 uses of the tank.
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1 (B) TANKS NOT IN OPERATION.—

2 (i) IN GENERAL.—For each above3 ground storage tank taken out of operation

4 after January 1, 1977, the owner shall, not

5 later than 1 year after the date of enact6 ment of this Act, notify the State or local

7 department or agency designated pursuant

8 to subsection (b) of the existence of the

9 tank.

10 (ii) CONTENTS OF NOTICE.—The no11 tice required under clause (i) shall specify

12 each of the following, to the extent known

13 to the owner:

14 (I) The date the tank was taken

15 out of operation.

16 (II) The age of the tank on the

17 date it was taken out of operation.

18 (III) The size, type, and location

19 of the tank.

20 (IV) The type and quantity of

21 substances remaining in the tank on

22 the date it was taken out of operation,

23 or if the tank was cleaned and purged

24 of residue after that date.
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1 (V) The type and quantity of

2 substances remaining in the tank on

3 the date the notification is made.

4 (VI) The type of release detection

5 system, if any, and the extent of any

6 known soil or ground water contami7 nation.

8 (VII) The materials out of which

9 the tank was constructed.

10 (C) FUTURE TANKS.—An owner who

11 brings into use an aboveground storage tank

12 after the initial notification period specified

13 under subparagraph (A) shall, not later than 30

14 days after the bringing of the tank into use,

15 and every 2 years thereafter, notify the State or

16 local department or agency designated pursuant

17 to subsection (b) of the existence of the tank,

18 specifying each of the following:

19 (i) The age of the tank.

20 (ii) The size, type, and location of the

21 tank.

22 (iii) The uses of the tank.

23 (iv) The type of release detection sys24 tem.
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1 (v) The materials out of which the

2 tank was constructed.

3 (2) EXCEPTION.—Paragraph (1) shall not

4 apply to hazardous waste tanks for which notice was

5 given pursuant to section 103(c) of the Comprehen6 sive Environmental Response, Compensation, and

7 Liability Act of 1980 (42 U.S.C. 9603(c)).

8 (3) NOTIFICATION BY DEPOSITORS.—During

9 the period beginning on the date that is 30 days

10 after the Administrator prescribes the form of notice

11 pursuant to subsection (c) and ending on the date

12 that is 18 months after that date, a person who de13 posits regulated substances in an aboveground stor14 age tank shall immediately notify the owner or oper15 ator of the notification requirements of the owner

16 under this subsection.

17 (4) NOTIFICATION BY SELLERS.—Beginning 30

18 days after the Administrator issues new tank per19 formance standards pursuant to section 5(e), a per20 son who sells a tank intended to be used as an

21 aboveground storage tank shall notify the purchaser

22 of the tank of the notification requirements of the

23 owner under this subsection.

24 (5) NOTICE OF PETROLEUM RELEASE OR

25 SPILL.—Each owner of an aboveground storage tank
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1 shall, immediately upon discovery, notify the Admin2 istrator (or the State department or agency des3 ignated under subsection (b) in the case of a State

4 exercising primary enforcement responsibility) of any

5 spill or other release of one barrel (42 gallons) or

6 more of petroleum from such tank.

7 (b) AGENCY DESIGNATION.—Not later than 180 days

8 after the date of enactment of this Act, the Governor of

9 each State shall designate an appropriate department or

10 agency of the State, or of a political subdivision of the

11 State, to receive the notifications under paragraphs (1)

12 and (5) of subsection (a).

13 (c) REGULATIONS.—Not later than 18 months after

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

15 consultation with State and local officials designated pur16 suant to subsection (b), and after notice and opportunity

17 for public comment, shall issue regulations prescribing the

18 form of the notice and the information to be included in

19 the notifications required under subsection (a)(1). In pre20 scribing the form of the notice, the Administrator shall

21 take into account the effect of the requirements on small

22 business concerns (as defined in section 3(a)(1) of the

23 Small Business Act (15 U.S.C. 632(a)(1))), and on other

24 owners and operators.

25 (d) STATE INVENTORIES.—
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1 (1) IN GENERAL.—Each State shall prepare

2 two separate inventories of all aboveground storage

3 tanks in the State containing regulated substances,

4 one inventory with respect to petroleum, and one

5 with respect to other regulated substances. In pre6 paring the inventories, the State shall utilize and ag7 gregate the data in the notification forms submitted

8 pursuant to subsection (a).

9 (2) SUBMISSION OF DATA.—Each State shall

10 submit the aggregated data described in paragraph

11 (1) to the Administrator not later than 2 years after

12 the date of enactment of this Act.

13 (e) FEES.—

14 (1) IN GENERAL.—Each notice submitted under

15 paragraph (1) of subsection (a) shall be accom16 panied by the payment of a fee payable to the de17 partment or agency designated under subsection (b).

18 The amount of the fee shall be determined in ac19 cordance with the following schedule:

20

Total tank capacity

Total

amount of

fee

0 to 42,000 gallons ................................................................................. $ 50

42,001 to 100,000 gallons ...................................................................... 100

100,001 to 1,000,000 gallons ................................................................. 200

1,000,001 to 10,000,000 gallons ............................................................ 500

10,000,001 or more gallons .................................................................... 1,000
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1 (2) USE OF FEES.—The fees collected under

2 this subsection shall be used for any or all of the fol3 lowing:

4 (A) To conduct training for inspection person5 nel on environmental and fire protection factors re6 lating to tank safety.

7 (B) To fund the costs of the department or

8 agency of administering notification and inspection

9 requirements under this section.

10 (C) To fund research approved by the Adminis11 trator to determine methods for better assessing and

12 remedying soil and water contamination from leak13 ing aboveground storage tanks.

14 (D) To reimburse departments and agencies of

15 States and departments and agencies of political

16 subdivisions of States for the reasonable costs of re17 sponding to, and overseeing the cleanup or abate18 ment of, any incident or disaster involving an above19 ground storage tank spill or release.

20 (f) APPLICABILITY TO CERTAIN FIRE-PROTECTED

21 TANKS.—Notwithstanding section 3(1)(B)(vii), the notifi22 cation provisions of this section shall apply to fire-pro23 tected tanks under the jurisdiction of a fire regulatory au24 thority of a State or of a political subdivision of a State.
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1 (g) APPLICABILITY TO PRODUCTION TANKS.—Not2 withstanding section 3(1)(B)(viii), the notification provi3 sions of this section, other than subsection (e), shall apply

4 to production tanks.

5 SEC. 5. RELEASE DETECTION, PREVENTION, AND CORREC6 TION REGULATIONS AND INSPECTION RE7 QUIREMENT.

8 (a) REGULATIONS.—Not later than 6 months before

9 the applicable effective date specified in subsection (g), the

10 Administrator, after providing notice and opportunity for

11 public comment, including convening a public meeting,

12 shall issue such release detection, prevention, and correc13 tion regulations applicable to all owners and operators as

14 are necessary to protect human health and the environ15 ment.

16 (b) DISTINCTIONS IN REGULATIONS.—

17 (1) IN GENERAL.—

18 (A) IN GENERAL.—Subject to subpara19 graph (B), in issuing regulations under this sec20 tion, the Administrator may distinguish above21 ground storage tanks by type, class, or age.

22 (B) PETROLEUM TANKS.—The regulations

23 for aboveground storage tanks containing petro24 leum shall be no less stringent than the regula-
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1 tions for aboveground storage tanks containing

2 other regulated substances.

3 (2) FACTORS.—In making the distinctions de4 scribed in paragraph (1), the Administrator may

5 take into consideration each of the following factors:

6 (A) Location of tanks.

7 (B) Soil and climate conditions.

8 (C) Uses of tanks.

9 (D) History of maintenance of tanks.

10 (E) Ages of tanks.

11 (F) Industry standards at the time of issu12 ance of the regulations.

13 (G) National consensus codes.

14 (H) National fire protection codes.

15 (I) Hydrogeology.

16 (J) Water table.

17 (K) Sizes of tanks.

18 (L) Quantity of regulated substances peri19 odically deposited in or dispensed from tanks.

20 (M) Technical capability of owners and op21 erators.

22 (N) Compatibility of the regulated sub23 stance and the materials of which the tanks are

24 fabricated.
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1 (O) Other factors that the Administrator

2 considers appropriate.

3 (c) REQUIREMENTS.—The regulations issued pursu4 ant to this section shall include each of the following, with

5 respect to all aboveground storage tanks:

6 (1) RELEASE DETECTION SYSTEM.—Require7 ments for maintaining a release detection system for

8 the facility at which the tank is located or a com9 parable system or method designed to identify re10 leases in a manner consistent with the protection of

11 human health and the environment.

12 (2) RECORDKEEPING.—Requirements for main13 taining records of any monitoring or release detec14 tion system or inventory control system (and tank

15 testing) or comparable system.

16 (3) PREVENTION OF RELEASES.—Requirements

17 for the prevention of releases, including—

18 (A) certified inspection of field-erected

19 tanks, rebuilt tanks, and shop-fabricated tanks,

20 for which the Administrator shall establish a

21 timetable;

22 (B) maintaining records of regular visual

23 inspection and of the certified inspection re24 quired pursuant to subparagraph (A);

25 (C) inspection procedures, including—
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1 (i) periodic emptying of aboveground

2 storage tanks; and

3 (ii)(I) internal inspection; or

4 (II) standards for tanks that cannot

5 be entered;

6 (D) corrosion protection of tank bottoms in

7 contact with the ground;

8 (E) labeling of tanks; and

9 (F) spill and overfill prevention devices and

10 containment and recovery procedures.

11 (4) REPORTING OF RELEASES.—Requirements

12 for reporting of releases and corrective action taken

13 in response to a release (including reporting to the

14 National Response Center established pursuant to

15 the Federal Water Pollution Control Act, except for

16 those releases required to be reported under any

17 other provision of Federal law.

18 (5) CORRECTIVE ACTION.—Requirements for

19 taking corrective action in response to a release, in20 cluding the recovery of petroleum for reuse, in any

21 case in which the recovery is practicable.

22 (6) TANK CLOSURE.—Requirements for the clo23 sure of a tank from which a release has occurred in

24 order to prevent another release from occurring.
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1 (7) UPGRADING CERTAIN TANKS.—Require2 ments for the upgrading of existing tanks (in exist3 ence on the date of the enactment of this Act), in4 cluding the upgrading of associated piping, to new

5 tank performance standards promulgated pursuant

6 to subsection (e) not later than 10 years after the

7 date of enactment of this Act. The requirements

8 shall include a requirement that any underground

9 piping associated with a tank in existence on the

10 date of promulgation of the regulations shall be

11 moved above ground at the time the tank is up12 graded unless moving the piping is infeasible be13 cause of road layouts or other similar obstacles.

14 (8) FINANCIAL RESPONSIBILITY.—Require15 ments for maintaining evidence of financial respon16 sibility for taking corrective action and compensating

17 third parties for bodily injury and property damage

18 caused by sudden and nonsudden accidental releases,

19 in accordance with subsection (d).

20 (9) SOIL AND GROUND WATER ASSESSMENT.—

21 In any case in which a fire-protected tank is located

22 at a facility with a cumulative tank capacity of more

23 than 42,000 gallons, or in which any unprotected

24 tank is located at a facility with a cumulative tank
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1 capacity of 42,000 gallons or less, requirements for

2 the facility—

3 (A) to carry out an assessment of the soil

4 and ground water; and

5 (B) to report any releases to the National

6 Response Center established pursuant to the

7 Federal Water Pollution Control Act and to the

8 department or agency of the State or depart9 ment or agency of a political subdivision of the

10 State designated pursuant to section 4(b).

11 (d) FINANCIAL RESPONSIBILITY.—

12 (1) IN GENERAL.—

13 (A) IN GENERAL.—An owner or operator

14 of an aboveground storage tank shall be re15 quired to demonstrate financial responsibility in

16 accordance with regulations issued by the Ad17 ministrator pursuant to subsection (c)(8).

18 (B) METHODS.—Financial responsibility

19 may be demonstrated by any one, or any com20 bination, of the following: insurance, guarantee,

21 surety bond, letter of credit, qualification as a

22 self-insurer, or any other method satisfactory to

23 the Administrator.

24 (C) CONTRACTUAL TERMS.—In issuing

25 regulations under this subsection, the Adminis-
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1 trator may specify a term of an insurance policy

2 or any other contractual term, condition, or de3 fense as necessary for, or as unacceptable for,

4 the establishment of evidence of financial re5 sponsibility in order to carry out this Act.

6 (2) BANKRUPTCY.—

7 (A) IN GENERAL.—If the owner or opera8 tor is in bankruptcy, reorganization, or arrange9 ment, pursuant to the Federal Bankruptcy

10 Code (11 U.S.C. 1 et seq.), or if, with reason11 able diligence, jurisdiction in a Federal court or

12 State court cannot be obtained over an owner

13 or operator likely to be solvent at the time of

14 judgment, a claim arising from conduct for

15 which evidence of financial responsibility is re16 quired to be provided under this subsection may

17 be asserted directly against the guarantor pro18 viding the evidence of financial responsibility.

19 (B) RIGHTS AND DEFENSES.—In an action

20 pursuant to this paragraph, the guarantor shall

21 be entitled to invoke all rights and defenses

22 that would have been available to—

23 (i) the owner or operator, if an action

24 had been brought against the owner or op25 erator by the claimant; and
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1 (ii) the guarantor, if an action had

2 been brought against the guarantor by the

3 owner or operator.

4 (3) LIABILITY OF GUARANTOR.—

5 (A) LIMITATION OF AMOUNT.—The total

6 amount of liability of a guarantor shall be lim7 ited to the aggregate amount that the guaran8 tor has provided as evidence of financial respon9 sibility to the owner or operator under this sub10 section.

11 (B) EFFECT ON OTHER LIABILITY.—Noth12 ing in this subsection is intended to limit any

13 other Federal or State statutory, contractual, or

14 common law liability of a guarantor to an

15 owner or operator, including the liability of the

16 guarantor for bad faith in negotiating or in fail17 ing to negotiate the settlement of a claim.

18 (C) EFFECT ON LIABILITY UNDER THE

19 COMPREHENSIVE ENVIRONMENTAL RESPONSE,

20 COMPENSATION, AND LIABILITY ACT OF 1980.—

21 Nothing in this subsection is intended to dimin22 ish the liability of a person under section 107

23 or 111 of the Comprehensive Environmental

24 Response, Compensation, and Liability Act of
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1 1980 (42 U.S.C. 9607 or 9611), or other appli2 cable law.

3 (4) AMOUNT OF COVERAGE.—

4 (A) IN GENERAL.—In issuing financial re5 sponsibility regulations under this section, the

6 Administrator shall establish an amount of cov7 erage for particular classes and categories of

8 aboveground storage tanks that shall satisfy the

9 regulations.

10 (B) PETROLEUM TANKS.—

11 (i) IN GENERAL.—The amount of cov12 erage for an aboveground storage tank

13 containing petroleum shall be an amount—

14 (I) greater than or equal to

15 $1,000,000 and not to exceed

16 $2,000,000 for each release; and

17 (II) not to exceed $2,000,000 for

18 the aggregate of all releases occurring

19 from the tank during a 1-year period.

20 (ii) REDUCTION.—The Administrator

21 may set an amount lower than the amount

22 required by clause (i) for aboveground

23 storage tanks containing petroleum that—

24 (I) are located at facilities not

25 engaged in petroleum production, re-
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1 fining, transportation, or marketing;

2 and

3 (II) are not used to handle sub4 stantial quantities of petroleum.

5 (C) FACTORS.—In establishing a class or

6 category of aboveground storage tanks for the

7 purpose of this paragraph, the Administrator

8 may consider—

9 (i) the size, type, location, storage,

10 and handling capacity of aboveground stor11 age tanks in the class or category and the

12 volume stored by the tanks;

13 (ii) the likelihood of release and the

14 potential extent of damage from a release

15 from tanks in the class or category;

16 (iii) the economic impact of the

17 amount of coverage required under this

18 subsection on the owners and operators of

19 aboveground storage tanks in the class or

20 category, particularly on small business

21 concerns (as defined in section 3(a)(1) of

22 the Small Business Act (15 U.S.C.

23 632(a)(1))), in relation to the impact of a

24 potential release on any affected commu25 nity and affected natural resources;
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1 (iv) the availability to owners and op2 erators of aboveground storage tanks of

3 methods of financial responsibility that

4 provide for financial responsibility in

5 amounts greater than the applicable

6 amounts established by this paragraph;

7 and

8 (v) such other factors as the Adminis9 trator considers appropriate.

10 (D) SUSPENSION OF ENFORCEMENT.—

11 (i) IN GENERAL.—The Administrator

12 may suspend enforcement of the financial

13 responsibility requirements for a particular

14 class or category of aboveground storage

15 tanks or in a particular State, if—

16 (I) the Administrator makes a

17 determination that methods of finan18 cial responsibility satisfying the re19 quirements of this subsection are not

20 generally available for aboveground

21 storage tanks in the class or category;

22 and

23 (II) the State has taken meas24 ures to form a risk retention group

25 for the class of tanks, or to establish
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1 a fund pursuant to section 6(c)(1) to

2 be submitted as evidence of financial

3 responsibility.

4 (ii) LENGTH OF SUSPENSION.—A sus5 pension of enforcement by the Adminis6 trator pursuant to this paragraph shall be

7 for a period not to exceed 180 days after

8 the date on which the Administrator sus9 pends enforcement.

10 (iii) EXTENSION.—A determination to

11 suspend enforcement may be made with re12 spect to the same class or category or for

13 the same State upon the termination of the

14 period of suspension referred to in clause

15 (ii), if—

16 (I) the State has made substan17 tial progress in establishing a risk re18 tention group; or

19 (II) the owners or operators in

20 the class or category demonstrate, to

21 the satisfaction of the Administrator,

22 that the formation of such a group is

23 not possible and that the State is un24 able or unwilling to establish a fund

25 pursuant to clause (i)(II).
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1 (5) COORDINATION WITH UPGRADING.—In pro2 mulgating the regulations under this subsection, the

3 Administrator shall ensure that, in the case of an

4 existing tank that is upgraded to meet new tank

5 standards, pursuant to subsection (c)(7), the owner

6 or operator shall not be required to demonstrate fi7 nancial responsibility until the tank is upgraded.

8 (6) DEFINITION.—As used in this subsection,

9 the term ‘‘guarantor’’ means a person, other than

10 the owner or operator, who provides evidence of fi11 nancial responsibility for an owner or operator under

12 this subsection.

13 (e) NEW TANK PERFORMANCE STANDARDS.—

14 (1) IN GENERAL.—Not later than 3 months be15 fore the applicable effective date specified in sub16 section (g), the Administrator shall issue perform17 ance standards for aboveground storage tanks

18 brought into use on or after the effective date.

19 (2) CONTENTS.—The performance standards

20 for new aboveground storage tanks and associated

21 piping shall include design, construction, installation,

22 maintenance, inspection, secondary containment, la23 beling, corrosion protection, integrity, and compat24 ibility standards. The performance standards also

25 shall include a requirement that any piping associ-
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1 ated with new aboveground storage tanks shall be

2 situated aboveground, except where infeasible be3 cause of road layouts or other similar obstacles.

4 (3) PLACE OF ASSEMBLY.—The Administrator

5 shall consider the differences between shop-fab6 ricated and field-erected tanks in issuing the stand7 ards.

8 (f) REBUILT TANK PERFORMANCE STANDARDS.—

9 (1) IN GENERAL.—Not later than 3 months be10 fore the applicable effective date specified in sub11 section (g), the Administrator shall issue perform12 ance and testing standards for rebuilt tanks reintro13 duced for use on or after the effective date.

14 (2) CONTENTS.—The standards described in

15 paragraph (1) shall include design, construction, in16 stallation, maintenance, inspection, secondary con17 tainment, labeling, corrosion protection, integrity,

18 and compatibility standards.

19 (g) EFFECTIVE DATES.—

20 (1) PETROLEUM TANKS.—For aboveground

21 storage tanks containing regulated substances de22 fined in section 3(14)(B), regulations issued pursu23 ant to subsections (c) and (d), and standards issued

24 pursuant to subsections (e) and (f), shall take effect
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1 not later than 30 months after the date of enact2 ment of this Act.

3 (2) NONPETROLEUM TANKS.—For aboveground

4 storage tanks containing regulated substances de5 fined in section 3(14)(A)—

6 (A) standards issued pursuant to sub7 sections (e) and (f) shall take effect not later

8 than 3 years after the date of enactment of this

9 Act; and

10 (B) regulations issued pursuant to sub11 sections (c) and (d) shall take effect not later

12 than 4 years after the date of enactment of this

13 Act.

14 (h) INTERIM PROHIBITION.—During the period be15 ginning on the date that is 180 days after the date of

16 enactment of this Act and ending on the day before the

17 effective date of the standards issued by the Administrator

18 under subsection (e), no person may install any above19 ground storage tank (including a tank of single wall or

20 double wall construction) for the purpose of storing regu21 lated substances unless the tank—

22 (1) will prevent releases due to corrosion or

23 structural failure for the operational life of the tank;

24 (2) is in compliance with applicable fire codes;

25 and
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1 (3) is made of a material, used in the construc2 tion or lining, that is compatible with the substance

3 to be stored.

4 (i) ENVIRONMENTAL PROTECTION AGENCY RE5 SPONSE PROGRAM.—

6 (1) APPLICABILITY.—This subsection shall

7 apply to all regulated substances that are not sub8 ject to cleanup response requirements under the

9 Comprehensive Environmental Response, Compensa10 tion, and Liability Act of 1980 and that are released

11 from an aboveground tank, including, notwithstand12 ing section 3(1)(B)(vii), any fire-protected tank

13 under the jurisdiction of State or local fire regu14 latory authorities.

15 (2) UNDERTAKING CORRECTIVE ACTIONS.—

16 (A) BEFORE REGULATIONS.—

17 (i) IN GENERAL.—Before the effective

18 date of regulations issued pursuant to sub19 section (c), the Administrator (or a State

20 or political subdivision pursuant to para21 graph (7)) may—

22 (I) require the owner or operator

23 to undertake corrective action with re24 spect to a release when the Adminis25 trator (or the State or political sub-
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1 division pursuant to paragraph (7))

2 determines that the corrective action

3 by the owner or operator will be done

4 properly and will follow an expeditious

5 timetable; or

6 (II) undertake corrective action

7 with respect to a release if the action

8 is necessary, in the judgment of the

9 Administrator (or the State or politi10 cal subdivision pursuant to paragraph

11 (7)), to protect human health and the

12 environment.

13 (ii) EXTENT OF ACTION.—The correc14 tive action undertaken or required under

15 this paragraph shall be such as is nec16 essary to protect human health and the en17 vironment.

18 (iii) PRIORITY.—Subject to the prior19 ity requirements of paragraph (3), the Ad20 ministrator (or the State or political sub21 division pursuant to paragraph (7)) shall

22 give priority in undertaking the actions

23 under clause (i)(II) to cases in which the

24 Administrator (or the State or political

25 subdivision pursuant to paragraph (7))
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•HR 1360 SC

1 cannot identify an owner or operator who

2 is—

3 (I) financially solvent (as deter4 mined by the Administrator); and

5 (II) capable of undertaking cor6 rective action in a manner that is sat7 isfactory to the Administrator (or the

8 State or political subdivision pursuant

9 to paragraph (7)).

10 (B) AFTER REGULATIONS.—After the ef11 fective date of regulations issued pursuant to

12 subsection (c) all actions or orders of the Ad13 ministrator (or a State or political subdivision

14 pursuant to paragraph (7)) described in sub15 paragraph (A) shall conform to the regulations.

16 After the effective date of such regulations the

17 Administrator (or the State or political subdivi18 sion pursuant to paragraph (7)) may undertake

19 corrective action with respect to a release only

20 if the action is necessary, in the judgment of

21 the Administrator (or the State or political sub22 division pursuant to paragraph (7)), to protect

23 human health and the environment, and if—

24 (i) within 90 days after the release (or

25 within such shorter period after the release
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•HR 1360 SC

1 as is necessary to protect human health

2 and the environment), the Administrator

3 (or the State or political subdivision pursu4 ant to paragraph (7)) cannot identify an

5 owner or operator who is financially sol6 vent (as determined by the Administrator),

7 subject to the corrective action regulations,

8 and capable of undertaking corrective ac9 tion in a manner that is satisfactory to the

10 Administrator (or the State or political

11 subdivision pursuant to paragraph (7));

12 (ii) prompt action is required by the

13 Administrator (or the State or political

14 subdivision pursuant to paragraph (7))

15 under this paragraph to protect human

16 health and the environment; or

17 (iii) the owner or operator has failed

18 or refused to comply with an order of the

19 Administrator under this subsection or sec20 tion 8, or with the order of a State under

21 this subsection, that requires compliance

22 with the corrective action regulations is23 sued pursuant to this section.

24 (3) PRIORITY OF CORRECTIVE ACTIONS.—In

25 undertaking corrective actions under this subsection,
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•HR 1360 SC

1 and in issuing orders requiring owners or operators

2 to undertake corrective actions, the Administrator

3 (or a State or political subdivision pursuant to para4 graph (7)) shall give priority to releases that pose

5 the greatest threat to human health and the environ6 ment.

7 (4) CORRECTIVE ACTION ORDERS.—

8 (A) ADMINISTRATOR.—The Administrator

9 may issue an order to an owner or operator to

10 carry out paragraph (2)(A)(i)(I) or to carry out

11 a requirement of the regulations issued under

12 subsection (c)(5).

13 (B) STATE OR POLITICAL SUBDIVISION.—

14 A State or political subdivision acting pursuant

15 to paragraph (7) may issue an order pursuant

16 to paragraph (2)(A)(i)(I) only until such time

17 as the Administrator approves the program of

18 the State and the State is exercising primary

19 enforcement responsibility pursuant to section

20 6.

21 (C) ISSUANCE AND ENFORCEMENT.—Each

22 order issued under this paragraph shall be is23 sued and enforced in the same manner and sub24 ject to the same requirements as orders issued

25 under section 8.
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1 (5) ALLOWABLE CORRECTIVE ACTIONS.—

2 (A) IN GENERAL.—The corrective actions

3 with respect to a release from an aboveground

4 storage tank that may be undertaken by the

5 Administrator (or by a State or political sub6 division pursuant to paragraph (7)) under para7 graph (2) shall include—

8 (i) measures to contain the release;

9 (ii) measures to prevent additional re10 leases;

11 (iii) water and air quality monitoring;

12 (iv) the temporary or permanent relo13 cation of residents;

14 (v) the provision of alternative house15 hold water supplies or treatment of sup16 plies;

17 (vi) the recovery of the regulated sub18 stance that has been released;

19 (vii) the installation of any necessary

20 venting; and

21 (viii) the control of the movement of

22 contamination plumes.

23 (B) EXPOSURE ASSESSMENT.—

24 (i) IN GENERAL.—In connection with

25 the performance of any corrective action
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1 under paragraph (2), the Administrator

2 may undertake an exposure assessment (as

3 defined in paragraph (11)) or provide for

4 such an assessment in a cooperative agree5 ment with a State or political subdivision

6 pursuant to paragraph (7).

7 (ii) COSTS.—The costs of the expo8 sure assessment may be treated as costs

9 associated with corrective action for the

10 purpose of paragraph (6).

11 (iii) DELAY.—The assessment may

12 not delay corrective action to abate imme13 diate hazards or reduce exposure.

14 (6) RECOVERY OF COSTS.—

15 (A) IN GENERAL.—

16 (i) LIABILITY FOR A COST.—When17 ever a cost has been incurred by the Ad18 ministrator (or by a State or political sub19 division pursuant to paragraph (7)) for un20 dertaking any corrective action or enforce21 ment action with respect to a release, the

22 owner or operator shall be liable to the Ad23 ministrator or the State or political sub24 division for the cost.
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1 (ii) STANDARD OF LIABILITY.—The

2 standard of liability under this paragraph

3 applicable to an owner or operator shall be

4 equivalent to the standard of liability de5 scribed in section 311 of the Federal

6 Water Pollution Control Act (33 U.S.C.

7 1321).

8 (B) RECOVERY.—In determining the equi9 ties for seeking the recovery of costs under sub10 paragraph (A), the Administrator (or a State or

11 political subdivision pursuant to paragraph (7))

12 may consider—

13 (i) the amount of financial responsibil14 ity required to be maintained under sub15 sections (c)(7) and (d)(4); and

16 (ii) the factors considered in establish17 ing the amount of financial responsibility

18 under subsection (d)(4).

19 (C) INDEMNIFICATION AGREEMENTS.—

20 (i) AGREEMENTS NOT PROHIBITED.—

21 Nothing in this Act prohibits any agree22 ment to ensure, hold harmless, or indem23 nify a party to such agreement for any li24 ability under this Act.
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•HR 1360 SC

1 (ii) LIABILITY NOT TRANSFERRED.—

2 No indemnification, hold harmless, or simi3 lar agreement or conveyance shall be effec4 tive to transfer liability imposed under this

5 Act from an owner or operator or from any

6 person who may be liable for a release

7 under this Act to any other person.

8 (iii) RELATIONSHIP TO OTHER

9 CAUSES OF ACTION.—Nothing in this Act,

10 including clause (ii), bars a cause of action

11 that an owner or operator or any other

12 person subject to liability under this Act,

13 or a guarantor, has or would have, by rea14 son of subrogation or otherwise, against

15 any person.

16 (7) STATE AND POLITICAL SUBDIVISION AU17 THORITIES.—

18 (A) IN GENERAL.—A State, and any politi19 cal subdivision of a State, may exercise the au20 thorities described in paragraph (2), subject to

21 the terms and conditions of paragraphs (3), (5),

22 (9), and (11), and including the authorities de23 scribed in paragraphs (4), (6), and (8), if—

24 (i) the Administrator determines that

25 the State or political subdivision has the
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1 personnel necessary to carry out, and is ca2 pable of carrying out, effective corrective

3 actions and enforcement activities; and

4 (ii) the Administrator enters into a

5 cooperative agreement with the State or

6 political subdivision that establishes the ac7 tions to be undertaken by the State or po8 litical subdivision.

9 (B) COST SHARE.—

10 (i) IN GENERAL.—After the effective

11 date of regulations issued pursuant to sub12 section (c), and subject to clause (ii), the

13 State or political subdivision shall pay 10

14 percent of the cost of each corrective ac15 tion undertaken by the Administrator or

16 by the State or political subdivision under

17 a cooperative agreement described in sub18 paragraph (A)(ii).

19 (ii) EXCEPTION FOR EMERGENCIES.—

20 With respect to a corrective action, if the

21 State or political subdivision of the State

22 fails to pay the cost share amount specified

23 in clause (i), the Administrator may take

24 corrective action at a facility if the Admin25 istrator determines that immediate action
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1 is necessary to respond to an imminent

2 and substantial endangerment to human

3 health or the environment.

4 (8) EMERGENCY PROCUREMENT POWERS.—The

5 Administrator may authorize such use of emergency

6 procurement powers as the Administrator considers

7 necessary for purposes of carrying out this sub8 section.

9 (9) FACILITIES WITHOUT FINANCIAL RESPON10 SIBILITY.—

11 (A) AUTHORITIES OF ADMINISTRATOR.—

12 At a facility with respect to which the owner or

13 operator has failed to maintain evidence of fi14 nancial responsibility in an amount at least

15 equal to the amount established by subpara16 graph (A) or (B) of subsection (d)(4), the Ad17 ministrator shall exercise the authorities pro18 vided in paragraph (2)(A)(i), paragraph (4),

19 and section 8 to order corrective action to clean

20 up any release at the facility.

21 (B) AUTHORITIES OF STATES AND POLITI22 CAL SUBDIVISIONS.—A State or political sub23 division acting pursuant to paragraph (7) shall

24 exercise the authorities provided in paragraphs
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•HR 1360 SC

1 (2)(A)(i) and (4) to order corrective action to

2 clean up any release.

3 (C) PROTECTION OF HEALTH.—Notwith4 standing subparagraphs (A) and (B), the Ad5 ministrator—

6 (i) may take any corrective action au7 thorized under paragraph (5) at a facility

8 that is necessary to protect human health

9 and the environment; and

10 (ii) shall seek full recovery of the costs

11 of any corrective action conducted pursu12 ant to paragraph (6)(A) and without con13 sideration of the factors described in para14 graph (6)(B).

15 (D) INSOLVENCY AND EMERGENCY.—

16 Nothing in this paragraph is intended to pre17 vent the Administrator (or a State or political

18 subdivision pursuant to paragraph (7)) from

19 taking corrective action at a facility if the Ad20 ministrator (or State or political subdivision)

21 determines that—

22 (i) no financially solvent owner or op23 erator exists; or

24 (ii) immediate action is necessary to

25 respond to an imminent and substantial
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1 endangerment of human health or the en2 vironment.

3 (10) PUBLIC PARTICIPATION.—Before under4 taking a corrective action under this subsection or

5 issuing an order requiring an owner or operator to

6 undertake a corrective action, the Administrator (or

7 a State pursuant to paragraph (7)) shall provide no8 tice to the public and an opportunity for public com9 ment on the proposed corrective action.

10 (11) DEFINITIONS.—As used in this subsection:

11 (A) OWNER.—The term ‘‘owner’’ does not

12 include a person who, without participating in

13 the management of an aboveground storage

14 tank and otherwise not engaged in the produc15 tion, refining, transportation, and marketing of

16 a regulated substance, holds indicia of owner17 ship primarily to protect the owner’s security

18 interest in the tank.

19 (B) EXPOSURE ASSESSMENT.—The term

20 ‘‘exposure assessment’’ means an assessment to

21 determine the extent of exposure of, or potential

22 for exposure of, individuals to regulated sub23 stances from a release, based on such factors

24 as—
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1 (i) the nature and extent of contami2 nation;

3 (ii) the existence of or potential for

4 pathways of human exposure (including

5 ground or surface water contamination, air

6 emissions, and food chain contamination);

7 (iii) the size of the community within

8 the likely pathways of exposure; and

9 (iv) the comparison of expected

10 human exposure levels to the short-term

11 and long-term health effects associated

12 with identified contaminants and any avail13 able recommended exposure or tolerance

14 limits for the contaminants.

15 (j) INSPECTIONS.—The Administrator (or the State

16 in the case of a State exercising primary enforcement re17 sponsibility) shall inspect aboveground storage tanks and

18 related facilities for the purposes of administering and en19 forcing the provisions of this Act. Such inspections shall

20 be conducted in accordance with the following schedule

21 commencing with the first calendar year after the date of

22 the enactment of this Act:

23

Tank facility capacity Inspection frequency

Over 1,000,000 gallons ............................. Annually.
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Tank facility capacity Inspection frequency

42,0001 to 1,000,000 gallons ................... Every 2 years.

0 to 42,000 gallons ................................... At discretion of Administrator or

State or local agency.

1 SEC. 6. STATE PROGRAMS.

2 (a) ELEMENTS.—

3 (1) IN GENERAL.—Beginning on the date that

4 is 30 months after the date of enactment of this Act,

5 a State may submit an aboveground storage tank re6 lease detection, prevention, and correction program

7 for review and approval by the Administrator.

8 (2) COVERAGE.—The program may cover

9 aboveground storage tanks used to store the regu10 lated substances defined in subparagraph (A) or (B)

11 of section 3(14), or both.

12 (3) COMPLIANCE WITH REQUIREMENTS.—

13 (A) IN GENERAL.—The Administrator may

14 approve a program under this section only if

15 the State demonstrates that the program—

16 (i) includes the requirements and

17 standards listed in subparagraph (B) at a

18 level no less stringent than the correspond19 ing requirements and standards issued by

20 the Administrator pursuant to section 5(a);

21 and
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1 (ii) provides for adequate enforcement

2 of compliance with the requirements and

3 standards.

4 (B) REQUIREMENTS.—The requirements

5 and standards referred to in subparagraph (A)

6 are—

7 (i) the requirements listed in section

8 5(c);

9 (ii) the standards required under sub10 sections (e) and (f) of section 5; and

11 (iii) requirements—

12 (I) for notifying the appropriate

13 department or agency designated ac14 cording to section 4(b) of the exist15 ence of an operational or non16 operational storage tank; and

17 (II) for providing the information

18 required on the form issued pursuant

19 to section 4(c).

20 (b) INTERIM STANDARDS.—

21 (1) NO STATE LEGISLATIVE ACTION RE22 QUIRED.—If State regulatory action, but no State

23 legislative action, is required in order to adopt a

24 State program that meets the requirements of sub25 section (a), the Administrator may approve the State
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•HR 1360 SC

1 program without regard to whether the implementa2 tion by the State of the requirements under para3 graphs (1) through (4), and (6) of section 5(c)

4 would be less stringent than the implementation of

5 corresponding standards issued by the Administrator

6 pursuant to section 5(a) for the 1-year period begin7 ning on the date of issuance of the regulations under

8 section 5(a).

9 (2) STATE LEGISLATIVE ACTION REQUIRED.—If

10 State legislative action is required to adopt a State

11 program that meets the requirements of subsection

12 (a), the Administrator may approve a State program

13 without regard to whether the implementation by the

14 State of the requirements listed in paragraphs (1)

15 through (4), and (6) of section 5(c) would be less

16 stringent than the corresponding standards issued

17 by the Administrator pursuant to section 5(a) for—

18 (A) the 2-year period beginning on the

19 date of issuance of regulations under section

20 5(a); and

21 (B) an additional 1-year period beginning

22 on the date of the legislative action by the State

23 if regulations are required to be issued by the

24 State pursuant to the legislative action.
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1 (c) FINANCIAL RESPONSIBILITY.—Corrective action

2 and compensation programs administered by State or local

3 agencies or departments may be submitted for approval

4 under subsection (a)(3) as evidence of financial respon5 sibility. A State program shall comply with paragraphs (1)

6 through (4) of section 5(d).

7 (d) TECHNICAL ASSISTANCE.—The Administrator

8 shall provide technical assistance to States, local govern9 ments, and owners and operators, to assist in compliance

10 with this section.

11 (e) REVIEW AND APPROVAL OF PROGRAM.—

12 (1) REVIEW.—Not later than 180 days after

13 the date of receipt of a proposed State program, the

14 Administrator shall, after notice and opportunity for

15 public comment, determine whether the State pro16 gram complies with this section and provides for

17 adequate enforcement of compliance with the re18 quirements and standards adopted pursuant to this

19 section.

20 (2) APPROVAL.—If the Administrator deter21 mines that a State program complies with this sec22 tion and provides for adequate enforcement of com23 pliance with the requirements and standards adopted

24 pursuant to this section—
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1 (A) the Administrator shall approve the

2 State program in lieu of the Federal program;

3 and

4 (B) the State shall have primary enforce5 ment responsibility with respect to the require6 ments of the program.

7 (f) WITHDRAWAL OF APPROVAL.—If, after holding a

8 public hearing, the Administrator determines that a State

9 is not administering and enforcing a program authorized

10 under this Act in accordance with this section, the Admin11 istrator shall so notify the State. If appropriate action is

12 not taken within a reasonable period of time, not to exceed

13 120 days after the notification, the Administrator shall

14 withdraw approval of the program and reestablish the

15 Federal program pursuant to this Act.

16 (g) STATE AUTHORITY.—Nothing in this Act shall

17 preclude or deny a right of a State or political subdivision

18 of a State—

19 (1) to adopt or enforce a regulation, require20 ment, or standard of performance respecting above21 ground storage tanks that is more stringent than a

22 regulation, requirement, or standard of performance

23 in effect under this Act; or
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1 (2) to impose any additional liability with re2 spect to a release within the State or political sub3 division.

4 SEC. 7. ACCESS TO INFORMATION.

5 (a) FURNISHING INFORMATION.—

6 (1) IN GENERAL.—Subject to paragraph (2),

7 and for the purpose of developing or assisting in the

8 development of a regulation, conducting a study,

9 taking a corrective action, or enforcing this Act—

10 (A) an owner or operator of an above11 ground storage tank (or a tank subject to study

12 under section 10) shall, upon request of an offi13 cer, employee, or representative of the Environ14 mental Protection Agency, duly designated by

15 the Administrator, or upon request of a duly

16 designated officer, employee, or representative

17 of a State acting pursuant to section 5(i)(7)

18 with a program approved under section 6—

19 (i) furnish information relating to the

20 tank, associated equipment, and contents;

21 (ii) conduct monitoring or testing; and

22 (iii) permit the officer, employee, or

23 representative at all reasonable times to—

24 (I) have access to, and to copy,

25 all records relating to the tanks; and
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1 (II) have access for corrective ac2 tion; and

3 (B) an officer, employee, or representative

4 may referred to in subparagraph (A)—

5 (i) enter at reasonable times an estab6 lishment or other place where an above7 ground storage tank is located;

8 (ii) inspect and obtain samples from a

9 person of a regulated substance contained

10 in the tank;

11 (iii) conduct monitoring or testing of

12 a tank, associated equipment, contents, or

13 surrounding soils, air, surface water or

14 ground water; and

15 (iv) take corrective action.

16 (2) PROMPT INSPECTIONS.—Each inspection

17 required under paragraph (1)(B) shall be com18 menced and completed within a reasonable amount

19 of time.

20 (b) CONFIDENTIALITY.—

21 (1) IN GENERAL.—

22 (A) AVAILABILITY TO PUBLIC.—Subject to

23 subparagraph (B), any record, report, or infor24 mation obtained from a person under this sec25 tion shall be available to the public.
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1 (B) EXCEPTION FOR CONFIDENTIAL IN2 FORMATION.—

3 (i) IN GENERAL.—Subject to clause

4 (ii), and upon a showing satisfactory to the

5 Administrator or the State by a person

6 that a record, report, or piece of informa7 tion, or a particular portion of the record,

8 report or piece of information, to which the

9 Administrator or the State, or an officer,

10 employee, or representative of the Adminis11 trator or State, has access under this sec12 tion, would, if made public, contain infor13 mation entitled to protection under section

14 1905 of title 18, United States Code, the

15 record, report, or information shall be con16 sidered confidential in accordance with sec17 tion 1905 of such title.

18 (ii) EXCEPTION.—The record, report,

19 document, or information referred to in

20 clause (i) may be disclosed to other offi21 cers, employees, or authorized representa22 tives of the United States concerned with

23 carrying out this Act, or when relevant in

24 a proceeding under this Act.
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1 (2) DESIGNATION OF PROTECTED INFORMA2 TION.—

3 (A) IN GENERAL.—In submitting data

4 under this Act, a person required to provide the

5 data may—

6 (i) designate the data that the person

7 believes is entitled to protection under this

8 subsection; and

9 (ii) submit the designated data sepa10 rately from other data submitted under

11 this Act.

12 (B) METHOD OF DESIGNATION.—A des13 ignation under this paragraph shall be made in

14 writing and in such manner as the Adminis15 trator may prescribe.

16 (3) PENALTY FOR DISCLOSURE.—A person not

17 subject to section 1905 of title 18, United States

18 Code, who knowingly and willfully divulges or dis19 closes any information entitled to protection under

20 this subsection shall, upon conviction, be subject to

21 a fine of not more than $5,000 or to imprisonment

22 not to exceed 1 year, or both.

23 (4) DISCLOSURE TO CONGRESSIONAL COMMIT24 TEES.—Notwithstanding any limitation under this

25 section or any other provision of law, any record, re-
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1 port, or other information obtained by the Adminis2 trator (or a representative of the Administrator)

3 under this Act shall be made available to a duly au4 thorized committee of Congress, upon written re5 quest.

6 SEC. 8. FEDERAL ENFORCEMENT.

7 (a) COMPLIANCE ORDERS.—

8 (1) IN GENERAL.—

9 (A) IN GENERAL.—Except as provided in

10 paragraph (2), whenever, on the basis of any

11 information, the Administrator determines that

12 a person is in violation of a requirement of this

13 Act, the Administrator may—

14 (i) issue an order requiring compli15 ance within a reasonable specified time pe16 riod; or

17 (ii) commence a civil action in the

18 United States district court in which the

19 violation occurred for appropriate relief, in20 cluding a temporary or permanent injunc21 tion.

22 (B) ORDERS AFTER A RELEASE.—After a

23 release, the Administrator may issue an order

24 prohibiting the use or operation of all or any

25 portion of a facility in which an aboveground
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1 storage tank is located until the Administrator

2 (or the State if a State program has been ap3 proved pursuant to section 6) determines

4 that—

5 (i) the prohibition is not necessary to

6 protect human health and the environment;

7 or

8 (ii) adequate corrective action has

9 been taken.

10 (2) NOTICE TO STATE.—If a violation of a re11 quirement of this Act occurs in a State with a pro12 gram approved pursuant to section 6, the Adminis13 trator shall give notice to the State before issuing an

14 order or commencing a civil action under this sec15 tion.

16 (3) PENALTY.—If a violator fails to comply

17 with an order under this subsection within the time

18 specified in the order, the violator shall be liable for

19 a civil penalty of not more than $25,000 for each

20 day of continued noncompliance.

21 (b) PROCEDURE.—

22 (1) HEARING.—An order issued under this sec23 tion shall become final unless, not later than 30 days

24 after the order is served, the person named in the

25 order requests a public hearing. Upon receipt of the
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1 request, the Administrator shall promptly conduct a

2 public hearing.

3 (2) SUBPOENAS AND DISCOVERY.—In connec4 tion with a proceeding under this section the Admin5 istrator may—

6 (A) issue subpoenas for the attendance and

7 testimony of witnesses and the production of

8 relevant papers, books, and documents; and

9 (B) issue rules for discovery procedures.

10 (c) CONTENTS OF ORDER.—An order issued under

11 this section shall—

12 (1) state with reasonable specificity the nature

13 of the violation;

14 (2) specify a reasonable time for compliance;

15 and

16 (3) assess a penalty, if any, that the Adminis17 trator determines is reasonable, taking into account

18 the seriousness of the violation and any good faith

19 efforts to comply with the applicable requirements.

20 (d) CIVIL PENALTIES.—

21 (1) FAILURE TO NOTIFY OR FALSE INFORMA22 TION.—An owner who knowingly fails to notify or

23 submits false information pursuant to section 4(a)

24 shall be subject to a civil penalty not to exceed
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1 $10,000 for each tank with respect to which notifi2 cation is not given or false information is submitted.

3 (2) FAILURE TO COMPLY.—An owner or opera4 tor shall be subject to a civil penalty in an amount

5 not to exceed $10,000 for each tank for each day of

6 violation if the owner or operator fails to comply

7 with—

8 (A) a requirement or standard issued by

9 the Administrator under section 5;

10 (B) a requirement or standard of a State

11 program approved pursuant to section 6; or

12 (C) section 5(h).

13 SEC. 9. FEDERAL FACILITIES.

14 (a) APPLICABILITY OF STORAGE TANK REQUIRE15 MENTS.—

16 (1) IN GENERAL.—

17 (A) APPLICABILITY.—Each department,

18 agency, and instrumentality of the executive,

19 legislative, and judicial branches of the Federal

20 Government having jurisdiction over an above21 ground storage tank shall be subject to and

22 comply with all Federal, State, interstate, and

23 local requirements, applicable to the tank, both

24 substantive and procedural, in the same man25 ner, and to the same extent, as any other per-
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1 son is subject to the requirements (including

2 payment of reasonable service charges).

3 (B) REQUIREMENTS.—The Federal, State,

4 interstate, and local substantive and procedural

5 requirements referred to in this paragraph in6 clude, but are not limited to, all administrative

7 orders and all civil and administrative penalties

8 and fines, regardless of whether such penalties

9 or fines are punitive or coercive in nature or are

10 imposed for isolated, intermittent, or continuing

11 violations.

12 (C) WAIVER.—The United States hereby

13 expressly waives any immunity otherwise appli14 cable to the United States with respect to any

15 such substantive or procedural requirement (in16 cluding, but not limited to, any injunctive relief,

17 administrative order, or civil or administrative

18 penalty or fine referred to in subparagraph (B),

19 or reasonable service charge). The reasonable

20 service charges referred to in this paragraph in21 clude, but are not limited to, fees or charges as22 sessed in connection with the review of plans,

23 studies, and other documents, and inspection

24 and monitoring of facilities, as well as any other

25 nondiscriminatory charges that are assessed in
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1 connection with a Federal, State, interstate, or

2 local aboveground storage tank regulatory pro3 gram.

4 (2) INJUNCTIVE RELIEF.—Neither the United

5 States, nor an agent, employee, or officer of the

6 United States, shall be immune or exempt from a

7 process or sanction of any Federal or State court

8 with respect to the enforcement of any injunctive re9 lief.

10 (3) INDIVIDUAL LIABILITY.—

11 (A) IN GENERAL.—No agent, employee, or

12 officer of the United States shall be personally

13 liable for any civil penalty under any Federal,

14 State, interstate, or local aboveground storage

15 tank law with respect to any act or omission

16 within the scope of the official duties of the

17 agent, employee, or officer.

18 (B) CRIMINAL PENALTIES.—An agent, em19 ployee, or officer of the United States shall be

20 subject to any criminal sanction (including, but

21 not limited to, any fine or imprisonment) under

22 any Federal or State aboveground storage tank

23 law, but no department, agency, or instrumen24 tality of the executive, legislative, or judicial
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1 branch of the Federal Government shall be sub2 ject to any such sanction.

3 (b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—(1)

4 The Administrator may commence an administrative en5 forcement action against any department, agency, or in6 strumentality of the executive, legislative, or judicial

7 branch of the Federal Government pursuant to the en8 forcement authorities contained in this Act. The Adminis9 trator shall initiate an administrative enforcement action

10 against such a department, agency, or instrumentality in

11 the same manner and under the same circumstances as

12 an action would be initiated against another person. Any

13 voluntary resolution or settlement of such an action shall

14 be set forth in a consent order.

15 (2) No administrative order issued to such a de16 partment, agency, or instrumentality shall become

17 final until such department, agency, or instrumental18 ity has had the opportunity to confer with the Ad19 ministrator.

20 (c) LIMITATION ON STATE USE OF FUNDS COL21 LECTED FROM FEDERAL GOVERNMENT.—Unless a State

22 law in effect on the date of the enactment of this Act or

23 a State constitution requires the funds to be used in a

24 different manner, all funds collected by a State from the

25 Federal Government from penalties and fines imposed for
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1 violation of any substantive or procedural requirement re2 ferred to in subsection (a) shall be used by the State only

3 for projects designed to improve or protect the environ4 ment or to defray the costs of environmental protection

5 or enforcement.

6 (d) PRESIDENTIAL EXEMPTION.—

7 (1) IN GENERAL.—The President may exempt

8 an aboveground storage tank of a department, agen9 cy, or instrumentality in the executive branch from

10 compliance with a requirement referred to in sub11 section (a) if the President determines the exemp12 tion to be in the paramount interest of the United

13 States.

14 (2) LACK OF APPROPRIATION.—No exemption

15 shall be granted because of lack of appropriation un16 less the President specifically requests the appro17 priation in the budget of the United States Govern18 ment as submitted by the President and Congress

19 fails to make available the requested appropriation.

20 (3) LENGTH OF EXEMPTION.—An exemption

21 shall be for a period not in excess of 1 year, but ad22 ditional exemptions may be granted for periods not

23 to exceed 1 year upon a redetermination by the

24 President.
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1 (4) REPORT TO CONGRESS.—The President

2 shall report each January to Congress all exemp3 tions from the requirements of this section granted

4 during the preceding calendar year, and the reason

5 for granting each exemption.

6 SEC. 10. STUDIES OF ABOVEGROUND STORAGE TANKS.

7 (a) REGULATED SUBSTANCES TANKS.—

8 (1) IN GENERAL.—

9 (A) PETROLEUM TANKS.—Not later than 1

10 year after the date of enactment of this Act,

11 and in accordance with paragraph (2), the Ad12 ministrator shall complete a study of above13 ground storage tanks used for the storage of

14 petroleum.

15 (B) OTHER TANKS.—Not later than 3

16 years after the date of enactment of this Act,

17 and in accordance with paragraph (2), the Ad18 ministrator shall complete a study of above19 ground storage tanks used for the storage of

20 regulated substances other than petroleum.

21 (2) ELEMENTS OF STUDIES.—Each study

22 under paragraph (1) shall include an assessment

23 of—

24 (A) the ages, types (including methods of

25 manufacture, coatings, protection systems, com-
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1 patibility of the construction materials, and in2 stallation methods), and locations (including cli3 mate of the locations) of the tanks;

4 (B) the soil conditions, water tables, and

5 hydrogeology of tank locations;

6 (C) the relationship between the factors

7 listed in subparagraphs (A) and (B) and the

8 likelihood of releases;

9 (D) the design and inspection of the tanks;

10 (E) the effectiveness and costs of inventory

11 systems, tank testing, and release detection sys12 tems;

13 (F) the percentage of facilities undergoing

14 corrective action and the quantity of recovered

15 regulated substances; and

16 (G) such other factors as the Adminis17 trator considers appropriate.

18 (b) FARM AND HEATING OIL TANKS.—

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

20 the date of enactment of this Act, the Administrator

21 shall conduct a study of the tanks described in

22 clauses (i) and (ii) of section 3(1)(B).

23 (2) ELEMENTS OF STUDY.—The study shall in24 clude—
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1 (A) estimates of the number and locations

2 of the tanks; and

3 (B) an analysis of the extent to which

4 there may be releases or threatened releases

5 from the tanks.

6 (c) REPORTS.—Upon completion of the studies re7 quired under subsections (a) and (b), the Administrator

8 shall submit reports to the President and to Congress con9 taining—

10 (1) the results of the studies; and

11 (2) recommendations regarding whether the

12 tanks studied should be subject to the requirements

13 of this Act.

14 (d) GENERAL ACCOUNTING OFFICE STUDY.—

15 (1) IN GENERAL.—Not later than 1 year after

16 the date of enactment of this Act, the Comptroller

17 General should conduct a study to assess whether

18 transportation-related tanks and their associated

19 piping are adequately regulated by the Department

20 of Transportation to protect human health and the

21 environment, and whether such tanks should be reg22 ulated by the Environmental Protection Agency for

23 the purposes referred to in this sentence.

24 (2) REPORT.—Upon completion of the study re25 quired under paragraph (1), the Comptroller Gen-
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1 eral shall submit to Congress a report on the results

2 of the study, along with recommendations regarding

3 which department or agency should regulate such

4 tanks.

5 SEC. 11. CONSOLIDATION WITH UNDERGROUND TANK PRO6 GRAM

7 In order to provide more effective coordination in the

8 regulation of both underground and aboveground storage

9 tanks by the Administrator, the program established

10 under this Act shall be administered by a Director of an

11 office of underground and aboveground storage tanks and

12 shall be consolidated with the administration of the under13 ground tank program under subtitle I of the Solid Waste

14 Disposal Act (42 U.S.C. 6991 et seq.).

15 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

16 For fiscal years 1994 through 1998, there are au17 thorized to be appropriated such sums as are necessary

18 to carry out this Act.

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