I
104TH CONGRESS
2D SESSION
H. R. 3283
To require the Administrator of the Environmental Protection Agency to
issue a regulation that consolidates all environmental laws administered
by the Agency and health and safety laws applicable to the construction,
maintenance, and operation of aboveground storage tanks, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 1996
Mr. MORAN (for himself, Mrs. MORELLA, and Mr. DAVIS) introduced the fol-
lowing bill; which was referred to the Committee on Commerce, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To require the Administrator of the Environmental Protec-
tion Agency to issue a regulation that consolidates all
environmental laws administered by the Agency and
health and safety laws applicable to the construction,
maintenance, and operation of aboveground storage
tanks, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aboveground Petro-
leum Storage Tank Consolidation and Regulatory Im-
provement Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) improvement of Federal regulation of above-
ground storage tanks will lead to greater prevention
and containment of releases from aboveground stor-
age tanks and improvement of the environment;
(2) the Administrator of the Environmental
Protection Agency has not fully implemented any of
the 7 recommendations made in the 1989 report of
the General Accounting Office on inland oil spills;
(3) consolidation of Federal aboveground stor-
age tank provisions will lead to simplification of the
regulatory program and will allow the Administrator
to eliminate duplication and conflicting aboveground
storage tank regulations; and
(4) in order to promote environmental protec-
tion, aboveground petroleum storage tank secondary
containment structures should meet a minimum per-
meability standard.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to promote protection of the environment;
(2) to streamline the offices in the Environ-
mental Protection Agency and other departments
and agencies that administer laws governing above-
ground storage tanks and underground storage
tanks;
(3) to consolidate the laws governing above-
ground storage tanks and eliminate duplicative regu-
lations; and
(4) to encourage release prevention and fire
protection measures in the operation of aboveground
storage tanks.
SEC. 4. DEFINITIONS.
In this Act:
(1) 
ABOVEGROUND
PETROLEUM
STORAGE
TANK.—The term ‘‘aboveground petroleum storage
tank’’—
(A) means an aboveground storage tank
that—
(i) has a capacity of 42,000 gallons or
more; and
(ii) is or was at any time used to con-
tain any accumulation of a regulated pe-
troleum substance; but
(B) does not include an aboveground stor-
age tank that is used directly in the production
of crude oil or natural gas.
(2) ABOVEGROUND STORAGE TANK.—The term
‘‘aboveground storage tank’’—
(A) means a stationary tank, including
pipes, up to the first first flange, connected to
the stationary tank within the facility in which
the stationary tank is located, that is or was at
any time used to contain an accumulation of a
regulated substance, the volume of which tank
(including the volume of all piping within the
facility) is greater than 90 percent above
ground; and
(B) includes any tank that is capable of
being visually inspected; but
(C) does not include—
(i) a surface impoundment, pit, pond,
or lagoon;
(ii) a storm water or wastewater col-
lection system;
(iii) a flow-through process tank (in-
cluding a pressure vessel or process vessel
and oil and water separators);
(iv) an intermediate bulk container or
similar tank that may be moved within a
facility;
(v) a tank that is regulated under the
Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1201 et seq.);
(vi) a tank that is used for the stor-
age of products regulated under the Fed-
eral Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
(vii) a tank (including piping and col-
lection and treatment systems) that is used
in the management of leachate, methane
gas, or methane gas condensate, unless the
tank is used for storage of a regulated sub-
stance;
(viii) a tank that is used to store pro-
pane gas;
(ix) any other tank excluded by the
Administrator by regulation issued under
this Act;
(x) a tank that is used to store a fer-
tilizer raw material, fertilizer intermediate
or fertilizer product; or
(xi) any pipe that is connected to a
tank or other facility described in this sub-
paragraph.
(3) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(4) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office.
(5) ENVIRONMENTAL
LAW.—The term ‘‘envi-
ronmental law’’ means 1 of the following statutes
(and includes a regulation issued under any such
statute):
(A) The Clean Air Act (42 U.S.C. 7401 et
seq.).
(B) The Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(C) The Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.).
(D) The Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.).
(E) The Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(F) Any other statute administered by the
Administrator.
(6) MODEL FIRE CODE.—The term ‘‘model fire
code’’ means—
(A) fire code 30 or 30–a issued by the Na-
tional Fire Protection Association;
(B) the fire code issued by the Uniform
Fire Code Institute;
(C) the fire code issued by the Southern
Building Code Congress International; or
(D) the fire code issued by the Building
Offices and Code Administrators International.
(7) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Storage Tanks established by section 5(a).
(8) 
PETROLEUM.—The 
term 
‘‘petroleum’’
means—
(A) crude oil; and
(B) any fraction of crude oil that is liquid
at standard conditions of temperature and pres-
sure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute).
(9) REGULATED
PETROLEUM
SUBSTANCE.—
The term ‘‘regulated petroleum substance’’ means—
(A) petroleum; and
(B) a petroleum-based substance com-
prised of a complex blend of hydrocarbons de-
rived from crude oil through processes of sepa-
ration, conversion, upgrading and finishing,
such as a motor fuel, jet fuel, distillate fuel oil,
residual fuel oil, lubricant, petroleum solvent, or
used or waste oil.
(10) REGULATED SUBSTANCE.—The term ‘‘reg-
ulated substance’’ means—
(A) a substance (as defined in section 101
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601)), but not including a substance
that is regulated as a hazardous waste under
subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.); and
(B) a regulated petroleum substance.
(11) UNDERGROUND
STORAGE
TANK.—The
term ‘‘underground storage tank’’ has the meaning
stated in section 9001 of the Solid Waste Disposal
Act (42 U.S.C. 6991).
SEC. 5. CONSOLIDATION OF OFFICES.
(a) OFFICE OF STORAGE TANKS.—
(1) ESTABLISHMENT.—The Office of Under-
ground Storage Tanks of the Environmental Protec-
tion Agency is redesignated and established as the
Office of Storage Tanks.
(2) DIRECTOR.—The Office shall be headed by
a Director appointed by the Administrator.
(3) FUNCTIONS.—The Director shall perform—
(A) the functions that were vested in the
Director of the Office of Underground Storage
Tanks on the day before the date of enactment
of this Act; and
(B) the functions transferred to the Direc-
tor (or to the Administrator, acting through the
Director) by subsection (b).
(b) TRANSFERS OF AUTHORITY.—There are trans-
ferred to the Director all of the authorities of the following
officers of the Environmental Protection Agency, insofar
as the authorities relate to the regulation of aboveground
storage tanks and underground storage tanks under the
environmental laws:
(1) The Assistant Administrator for Air.
(2) The Assistant Administrator for Water.
(3) The Director of the Office of Emergency
and Remedial Response.
(4) Any other officer to whom the Adminis-
trator has delegated authority.
(c) MEMORANDUMS OF UNDERSTANDING.—
(1) SECRETARY
OF
LABOR.—The Adminis-
trator, acting through the Director, shall enter into
a Memorandum of Understanding with the Secretary
of Labor, acting through the Assistant Secretary for
Occupational Safety and Health, to clarify the au-
thorities of the Environmental Protection Agency
and the authorities of the Occupational Safety and
Health Administration, under the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) and section 126 of the Superfund Amendments
and Reauthorization Act of 1986 (Public Law 99–
499; 29 U.S.C. 655 note), with regard to the regula-
tion of aboveground storage tanks and underground
storage tanks.
(2) SECRETARY
OF
TRANSPORTATION.—The
Administrator, acting through the Director, shall
enter into a Memorandum of Understanding with
the Secretary of Transportation, acting through the
Administrator for Research and Special Programs,
acting through the Associate Administrator for Pipe-
line Safety and the Associate Administrator for Haz-
ardous Materials Technology, to clarify the authori-
ties of the Environmental Protection Agency and the
authorities of the Secretary of Transportation, under
chapter 601 of title 49, United States Code, relating
to the regulation of aboveground storage tanks and
underground storage tanks.
SEC. 6. CONSOLIDATION OF APPLICABLE LAWS.
(a) RESTATEMENT IN CONSOLIDATED FORM.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of this Act, the Director, in
consultation with the States, shall evaluate all laws
(including regulations) administered by the Director
and, after notice and opportunity for public com-
ment, issue a regulation that restates those laws in
consolidated form and streamlines, to the extent
practicable, the application of those laws to owners
and operators of aboveground storage tanks and un-
derground storage tanks.
(2) INTENT
OF
CONGRESS.—In directing the
Director in paragraph (1) to restate the laws in con-
solidated form, it is not the intent of Congress to di-
rect or authorize the Director to modify the require-
ments of those laws in any way, except as necessary
or appropriate to eliminate any duplication or incon-
sistencies or to reduce any unnecessary regulatory
burdens and except as provided in subsections (b),
(c), and (d).
(b) MODEL FIRE CODES.—The regulation under sub-
section (a) shall be consistent with and adopt by reference
the model fire codes, as in effect on the date of enactment
of this Act or as they may be amended.
(c) RELEASES.—
(1) REPORTING
REQUIREMENTS
APPLICABLE
TO ALL ABOVEGROUND STORAGE TANKS.—The regu-
lation under subsection (a) shall require that an
owner or operator of an aboveground storage tank
shall report a release of 42 gallons or more of a reg-
ulated substance that occurs during a period of time
specified by the director, not to exceed 5 calendar
days, including a description of the corrective action
taken in response to the release, to the national re-
sponse center established under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), un-
less the release is required to be reported, and is re-
ported, under other Federal law.
(2) ORDERS
APPLICABLE
TO
ABOVEGROUND
PETROLEUM STORAGE TANKS.—After a release from
an aboveground petroleum storage tank containing a
regulated substance that is determined to be an im-
minent threat to human health, public safety, or the
environment, the Administrator may issue an order
prohibiting the use or operation of the aboveground
petroleum storage tank until the Administrator de-
termines that—
(A) the prohibition is not necessary to pro-
tect human health, public safety, or the envi-
ronment; or
(B) adequate corrective action has been
taken, in accordance with the law regulating
corrective action that is in effect on the date on
which the determination is made.
(d) CORRECTION OF DEFICIENCIES IN THE LAW AP-
PLICABLE
TO
ABOVEGROUND
PETROLEUM
STORAGE
TANKS.—
(1) ADDITIONAL
AUTHORITY.—In addition to
the authority transferred to the Director by section
5(b), the Director shall have authority to issue, and
shall include in the regulation under subsection (a),
release detection, prevention, and correction regula-
tions applicable to owners and operators of above-
ground petroleum storage tanks, as necessary to
protect human health and the environment.
(2) CORRECTION
OF
DEFICIENCIES.—In con-
ducting the evaluation of laws and issuing the regu-
lation under subsection (a), the Director shall—
(A) determine whether there are any defi-
ciencies in the law applicable to aboveground
petroleum storage tanks on the day before the
date of enactment of this Act, specifically with
reference to secondary containment, overfill pre-
vention, testing, inspection, compatibility, in-
stallation, corrosion protection, and structural
integrity of aboveground petroleum storage
tanks; and
(B) if the Director determines that any
such deficiencies exist—
(i) examine industry standards that
address the deficiencies;
(ii) give substantial weight to industry
standards in formulating the regulations
required by paragraph (1); and
(iii) design the regulation in the most
cost-effective manner to address the defi-
ciencies.
(e) CORRECTION OF DEFICIENCIES IN THE LAW AP-
PLICABLE TO UNDERGROUND STORAGE TANKS.—In con-
junction with the evaluation of laws and issuing the regu-
lations under subsection (a), the Director shall provide
that the storage capacity of a facility does not include the
capacity of underground storage tanks that are currently
subject to the requirements of part 280 of title 40 of the
Code of Federal Regulations or the capacity of under-
ground storage tanks that are permanently closed in ac-
cordance with subpart G of such part 280.
(f) ENFORCEMENT.—
(1) IN GENERAL.—The regulation under sub-
section (a) shall make clear the statutory enforce-
ment provisions and other statutory provisions that
apply to each provision of the regulation.
(2) ADDITIONAL AUTHORITY.—Any provision of
the regulation under subsection (c) or (d) that im-
plements authority conferred by this Act in addition
to authority under law in effect on the day before
the date of enactment of this Act shall be enforced
under and in accordance with the procedures stated
in section 9006 of the Solid Waste Disposal Act (42
U.S.C. 6991e).
SEC. 7. REPORTS.
(a) INTERIM REPORT.—Not later than 2 years after
the date of enactment of this Act, the Director shall sub-
mit to Congress a report describing the progress made and
any tentative conclusions drawn in the evaluation process
under section 6(a)(1).
(b) FINAL REPORT.—Simultaneously with the issu-
ance of the regulation under section 6(a)(1), the Director
shall submit to Congress a final report that—
(1) describes the evaluation made and the regu-
lation issued under section 6(a)(1); and
(2)(A) states the extent to which the regulation
implements the recommendations made in the 1989
report of the General Accounting Office on inland oil
spills and the 1995 report of the General Accounting
Office on the status of the Environmental Protection
Agency’s efforts to improve the safety of above-
ground storage tanks; and
(B) to the extent that the consolidated regula-
tion does not implement the recommendations, de-
scribes the Director’s plans regarding the rec-
ommendations.
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