capacity of 42,000 gallons or less, requirements for
the facility—
(A) to carry out an assessment of the soil
and ground water; and
(B) to report any releases to the National
Response Center established pursuant to the
Federal Water Pollution Control Act and to the
department or agency of the State or depart-
ment or agency of a political subdivision of the
State designated pursuant to section 4(b).
(d) FINANCIAL RESPONSIBILITY.—
(1) IN GENERAL.—
(A) IN GENERAL.—An owner or operator
of an aboveground storage tank shall be re-
quired to demonstrate financial responsibility in
accordance with regulations issued by the Ad-
ministrator pursuant to subsection (c)(8).
(B) METHODS.—Financial responsibility
may be demonstrated by any one, or any com-
bination, of the following: insurance, guarantee,
surety bond, letter of credit, qualification as a
self-insurer, or any other method satisfactory to
the Administrator.
(C) CONTRACTUAL
TERMS.—In issuing
regulations under this subsection, the Adminis-
trator may specify a term of an insurance policy
or any other contractual term, condition, or de-
fense as necessary for, or as unacceptable for,
the establishment of evidence of financial re-
sponsibility in order to carry out this Act.
(2) BANKRUPTCY.—
(A) IN GENERAL.—If the owner or opera-
tor is in bankruptcy, reorganization, or arrange-
ment, pursuant to the Federal Bankruptcy
Code (11 U.S.C. 1 et seq.), or if, with reason-
able diligence, jurisdiction in a Federal court or
State court cannot be obtained over an owner
or operator likely to be solvent at the time of
judgment, a claim arising from conduct for
which evidence of financial responsibility is re-
quired to be provided under this subsection may
be asserted directly against the guarantor pro-
viding the evidence of financial responsibility.
(B) RIGHTS AND DEFENSES.—In an action
pursuant to this paragraph, the guarantor shall
be entitled to invoke all rights and defenses
that would have been available to—
(i) the owner or operator, if an action
had been brought against the owner or op-
erator by the claimant; and
(ii) the guarantor, if an action had
been brought against the guarantor by the
owner or operator.
(3) LIABILITY OF GUARANTOR.—
(A) LIMITATION OF AMOUNT.—The total
amount of liability of a guarantor shall be lim-
ited to the aggregate amount that the guaran-
tor has provided as evidence of financial respon-
sibility to the owner or operator under this sub-
section.
(B) EFFECT ON OTHER LIABILITY.—Noth-
ing in this subsection is intended to limit any
other Federal or State statutory, contractual, or
common law liability of a guarantor to an
owner or operator, including the liability of the
guarantor for bad faith in negotiating or in fail-
ing to negotiate the settlement of a claim.
(C) EFFECT
ON
LIABILITY
UNDER
THE
COMPREHENSIVE
ENVIRONMENTAL
RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.—
Nothing in this subsection is intended to dimin-
ish the liability of a person under section 107
or 111 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607 or 9611), or other appli-
cable law.
(4) AMOUNT OF COVERAGE.—
(A) IN GENERAL.—In issuing financial re-
sponsibility regulations under this section, the
Administrator shall establish an amount of cov-
erage for particular classes and categories of
aboveground storage tanks that shall satisfy the
regulations.
(B) PETROLEUM TANKS.—
(i) IN GENERAL.—The amount of cov-
erage for an aboveground storage tank
containing petroleum shall be an amount—
(I) greater than or equal to
$1,000,000 
and 
not 
to 
exceed
$2,000,000 for each release; and
(II) not to exceed $2,000,000 for
the aggregate of all releases occurring
from the tank during a 1-year period.
(ii) REDUCTION.—The Administrator
may set an amount lower than the amount
required by clause (i) for aboveground
storage tanks containing petroleum that—
(I) are located at facilities not
engaged in petroleum production, re-
fining, transportation, or marketing;
and
(II) are not used to handle sub-
stantial quantities of petroleum.
(C) FACTORS.—In establishing a class or
category of aboveground storage tanks for the
purpose of this paragraph, the Administrator
may consider—
(i) the size, type, location, storage,
and handling capacity of aboveground stor-
age tanks in the class or category and the
volume stored by the tanks;
(ii) the likelihood of release and the
potential extent of damage from a release
from tanks in the class or category;
(iii) the economic impact of the
amount of coverage required under this
subsection on the owners and operators of
aboveground storage tanks in the class or
category, particularly on small business
concerns (as defined in section 3(a)(1) of
the Small Business Act (15 U.S.C.
632(a)(1))), in relation to the impact of a
potential release on any affected commu-
nity and affected natural resources;
(iv) the availability to owners and op-
erators of aboveground storage tanks of
methods of financial responsibility that
provide for financial responsibility in
amounts 
greater 
than 
the 
applicable
amounts established by this paragraph;
and
(v) such other factors as the Adminis-
trator considers appropriate.
(D) SUSPENSION OF ENFORCEMENT.—
(i) IN GENERAL.—The Administrator
may suspend enforcement of the financial
responsibility requirements for a particular
class or category of aboveground storage
tanks or in a particular State, if—
(I) the Administrator makes a
determination that methods of finan-
cial responsibility satisfying the re-
quirements of this subsection are not
generally available for aboveground
storage tanks in the class or category;
and
(II) the State has taken meas-
ures to form a risk retention group
for the class of tanks, or to establish
a fund pursuant to section 6(c)(1) to
be submitted as evidence of financial
responsibility.
(ii) LENGTH OF SUSPENSION.—A sus-
pension of enforcement by the Adminis-
trator pursuant to this paragraph shall be
for a period not to exceed 180 days after
the date on which the Administrator sus-
pends enforcement.
(iii) EXTENSION.—A determination to
suspend enforcement may be made with re-
spect to the same class or category or for
the same State upon the termination of the
period of suspension referred to in clause
(ii), if—
(I) the State has made substan-
tial progress in establishing a risk re-
tention group; or
(II) the owners or operators in
the class or category demonstrate, to
the satisfaction of the Administrator,
that the formation of such a group is
not possible and that the State is un-
able or unwilling to establish a fund
pursuant to clause (i)(II).
(5) COORDINATION WITH UPGRADING.—In pro-
mulgating the regulations under this subsection, the
Administrator shall ensure that, in the case of an
existing tank that is upgraded to meet new tank
standards, pursuant to subsection (c)(7), the owner
or operator shall not be required to demonstrate fi-
nancial responsibility until the tank is upgraded.
(6) DEFINITION.—As used in this subsection,
the term ‘‘guarantor’’ means a person, other than
the owner or operator, who provides evidence of fi-
nancial responsibility for an owner or operator under
this subsection.
(e) NEW TANK PERFORMANCE STANDARDS.—
(1) IN GENERAL.—Not later than 3 months be-
fore the applicable effective date specified in sub-
section (g), the Administrator shall issue perform-
ance standards for aboveground storage tanks
brought into use on or after the effective date.
(2) CONTENTS.—The performance standards
for new aboveground storage tanks and associated
piping shall include design, construction, installation,
maintenance, inspection, secondary containment, la-
beling, corrosion protection, integrity, and compat-
ibility standards. The performance standards also
shall include a requirement that any piping associ-
ated with new aboveground storage tanks shall be
situated aboveground, except where infeasible be-
cause of road layouts or other similar obstacles.
(3) PLACE OF ASSEMBLY.—The Administrator
shall consider the differences between shop-fab-
ricated and field-erected tanks in issuing the stand-
ards.
(f) REBUILT TANK PERFORMANCE STANDARDS.—
(1) IN GENERAL.—Not later than 3 months be-
fore the applicable effective date specified in sub-
section (g), the Administrator shall issue perform-
ance and testing standards for rebuilt tanks reintro-
duced for use on or after the effective date.
(2) CONTENTS.—The standards described in
paragraph (1) shall include design, construction, in-
stallation, maintenance, inspection, secondary con-
tainment, labeling, corrosion protection, integrity,
and compatibility standards.
(g) EFFECTIVE DATES.—
(1) PETROLEUM
TANKS.—For aboveground
storage tanks containing regulated substances de-
fined in section 3(14)(B), regulations issued pursu-
ant to subsections (c) and (d), and standards issued
pursuant to subsections (e) and (f), shall take effect
not later than 30 months after the date of enact-
ment of this Act.
(2) NONPETROLEUM TANKS.—For aboveground
storage tanks containing regulated substances de-
fined in section 3(14)(A)—
(A) standards issued pursuant to sub-
sections (e) and (f) shall take effect not later
than 3 years after the date of enactment of this
Act; and
(B) regulations issued pursuant to sub-
sections (c) and (d) shall take effect not later
than 4 years after the date of enactment of this
Act.
(h) INTERIM PROHIBITION.—During the period be-
ginning on the date that is 180 days after the date of
enactment of this Act and ending on the day before the
effective date of the standards issued by the Administrator
under subsection (e), no person may install any above-
ground storage tank (including a tank of single wall or
double wall construction) for the purpose of storing regu-
lated substances unless the tank—
(1) will prevent releases due to corrosion or
structural failure for the operational life of the tank;
(2) is in compliance with applicable fire codes;
and
(3) is made of a material, used in the construc-
tion or lining, that is compatible with the substance
to be stored.
(i) ENVIRONMENTAL
PROTECTION
AGENCY
RE-
SPONSE PROGRAM.—
(1) 
APPLICABILITY.—This 
subsection 
shall
apply to all regulated substances that are not sub-
ject to cleanup response requirements under the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 and that are released
from an aboveground tank, including, notwithstand-
ing section 3(1)(B)(vii), any fire-protected tank
under the jurisdiction of State or local fire regu-
latory authorities.
(2) UNDERTAKING CORRECTIVE ACTIONS.—
(A) BEFORE REGULATIONS.—
(i) IN GENERAL.—Before the effective
date of regulations issued pursuant to sub-
section (c), the Administrator (or a State
or political subdivision pursuant to para-
graph (7)) may—
(I) require the owner or operator
to undertake corrective action with re-
spect to a release when the Adminis-
trator (or the State or political sub-
division pursuant to paragraph (7))
determines that the corrective action
by the owner or operator will be done
properly and will follow an expeditious
timetable; or
(II) undertake corrective action
with respect to a release if the action
is necessary, in the judgment of the
Administrator (or the State or politi-
cal subdivision pursuant to paragraph
(7)), to protect human health and the
environment.
(ii) EXTENT OF ACTION.—The correc-
tive action undertaken or required under
this paragraph shall be such as is nec-
essary to protect human health and the en-
vironment.
(iii) PRIORITY.—Subject to the prior-
ity requirements of paragraph (3), the Ad-
ministrator (or the State or political sub-
division pursuant to paragraph (7)) shall
give priority in undertaking the actions
under clause (i)(II) to cases in which the
Administrator (or the State or political
subdivision pursuant to paragraph (7))
cannot identify an owner or operator who
is—
(I) financially solvent (as deter-
mined by the Administrator); and
(II) capable of undertaking cor-
rective action in a manner that is sat-
isfactory to the Administrator (or the
State or political subdivision pursuant
to paragraph (7)).
(B) AFTER REGULATIONS.—After the ef-
fective date of regulations issued pursuant to
subsection (c) all actions or orders of the Ad-
ministrator (or a State or political subdivision
pursuant to paragraph (7)) described in sub-
paragraph (A) shall conform to the regulations.
After the effective date of such regulations the
Administrator (or the State or political subdivi-
sion pursuant to paragraph (7)) may undertake
corrective action with respect to a release only
if the action is necessary, in the judgment of
the Administrator (or the State or political sub-
division pursuant to paragraph (7)), to protect
human health and the environment, and if—
(i) within 90 days after the release (or
within such shorter period after the release
as is necessary to protect human health
and the environment), the Administrator
(or the State or political subdivision pursu-
ant to paragraph (7)) cannot identify an
owner or operator who is financially sol-
vent (as determined by the Administrator),
subject to the corrective action regulations,
and capable of undertaking corrective ac-
tion in a manner that is satisfactory to the
Administrator (or the State or political
subdivision pursuant to paragraph (7));
(ii) prompt action is required by the
Administrator (or the State or political
subdivision pursuant to paragraph (7))
under this paragraph to protect human
health and the environment; or
(iii) the owner or operator has failed
or refused to comply with an order of the
Administrator under this subsection or sec-
tion 8, or with the order of a State under
this subsection, that requires compliance
with the corrective action regulations is-
sued pursuant to this section.
(3) PRIORITY
OF
CORRECTIVE
ACTIONS.—In
undertaking corrective actions under this subsection,
and in issuing orders requiring owners or operators
to undertake corrective actions, the Administrator
(or a State or political subdivision pursuant to para-
graph (7)) shall give priority to releases that pose
the greatest threat to human health and the environ-
ment.
(4) CORRECTIVE ACTION ORDERS.—
(A) ADMINISTRATOR.—The Administrator
may issue an order to an owner or operator to
carry out paragraph (2)(A)(i)(I) or to carry out
a requirement of the regulations issued under
subsection (c)(5).
(B) STATE OR POLITICAL SUBDIVISION.—
A State or political subdivision acting pursuant
to paragraph (7) may issue an order pursuant
to paragraph (2)(A)(i)(I) only until such time
as the Administrator approves the program of
the State and the State is exercising primary
enforcement responsibility pursuant to section
6.
(C) ISSUANCE AND ENFORCEMENT.—Each
order issued under this paragraph shall be is-
sued and enforced in the same manner and sub-
ject to the same requirements as orders issued
under section 8.
(5) ALLOWABLE CORRECTIVE ACTIONS.—
(A) IN GENERAL.—The corrective actions
with respect to a release from an aboveground
storage tank that may be undertaken by the
Administrator (or by a State or political sub-
division pursuant to paragraph (7)) under para-
graph (2) shall include—
(i) measures to contain the release;
(ii) measures to prevent additional re-
leases;
(iii) water and air quality monitoring;
(iv) the temporary or permanent relo-
cation of residents;
(v) the provision of alternative house-
hold water supplies or treatment of sup-
plies;
(vi) the recovery of the regulated sub-
stance that has been released;
(vii) the installation of any necessary
venting; and
(viii) the control of the movement of
contamination plumes.
(B) EXPOSURE ASSESSMENT.—
(i) IN GENERAL.—In connection with
the performance of any corrective action
under paragraph (2), the Administrator
may undertake an exposure assessment (as
defined in paragraph (11)) or provide for
such an assessment in a cooperative agree-
ment with a State or political subdivision
pursuant to paragraph (7).
(ii) COSTS.—The costs of the expo-
sure assessment may be treated as costs
associated with corrective action for the
purpose of paragraph (6).
(iii) DELAY.—The assessment may
not delay corrective action to abate imme-
diate hazards or reduce exposure.
(6) RECOVERY OF COSTS.—
(A) IN GENERAL.—
(i) LIABILITY
FOR
A
COST.—When-
ever a cost has been incurred by the Ad-
ministrator (or by a State or political sub-
division pursuant to paragraph (7)) for un-
dertaking any corrective action or enforce-
ment action with respect to a release, the
owner or operator shall be liable to the Ad-
ministrator or the State or political sub-
division for the cost.
(ii) STANDARD
OF
LIABILITY.—The
standard of liability under this paragraph
applicable to an owner or operator shall be
equivalent to the standard of liability de-
scribed in section 311 of the Federal
Water Pollution Control Act (33 U.S.C.
1321).
(B) RECOVERY.—In determining the equi-
ties for seeking the recovery of costs under sub-
paragraph (A), the Administrator (or a State or
political subdivision pursuant to paragraph (7))
may consider—
(i) the amount of financial responsibil-
ity required to be maintained under sub-
sections (c)(7) and (d)(4); and
(ii) the factors considered in establish-
ing the amount of financial responsibility
under subsection (d)(4).
(C) INDEMNIFICATION AGREEMENTS.—
(i) AGREEMENTS NOT PROHIBITED.—
Nothing in this Act prohibits any agree-
ment to ensure, hold harmless, or indem-
nify a party to such agreement for any li-
ability under this Act.
(ii) LIABILITY NOT TRANSFERRED.—
No indemnification, hold harmless, or simi-
lar agreement or conveyance shall be effec-
tive to transfer liability imposed under this
Act from an owner or operator or from any
person who may be liable for a release
under this Act to any other person.
(iii) 
RELATIONSHIP
TO
OTHER
CAUSES OF ACTION.—Nothing in this Act,
including clause (ii), bars a cause of action
that an owner or operator or any other
person subject to liability under this Act,
or a guarantor, has or would have, by rea-
son of subrogation or otherwise, against
any person.
(7) STATE
AND
POLITICAL
SUBDIVISION
AU-
THORITIES.—
(A) IN GENERAL.—A State, and any politi-
cal subdivision of a State, may exercise the au-
thorities described in paragraph (2), subject to
the terms and conditions of paragraphs (3), (5),
(9), and (11), and including the authorities de-
scribed in paragraphs (4), (6), and (8), if—
(i) the Administrator determines that
the State or political subdivision has the
personnel necessary to carry out, and is ca-
pable of carrying out, effective corrective
actions and enforcement activities; and
(ii) the Administrator enters into a
cooperative agreement with the State or
political subdivision that establishes the ac-
tions to be undertaken by the State or po-
litical subdivision.
(B) COST SHARE.—
(i) IN GENERAL.—After the effective
date of regulations issued pursuant to sub-
section (c), and subject to clause (ii), the
State or political subdivision shall pay 10
percent of the cost of each corrective ac-
tion undertaken by the Administrator or
by the State or political subdivision under
a cooperative agreement described in sub-
paragraph (A)(ii).
(ii) EXCEPTION FOR EMERGENCIES.—
With respect to a corrective action, if the
State or political subdivision of the State
fails to pay the cost share amount specified
in clause (i), the Administrator may take
corrective action at a facility if the Admin-
istrator determines that immediate action
is necessary to respond to an imminent
and substantial endangerment to human
health or the environment.
(8) EMERGENCY PROCUREMENT POWERS.—The
Administrator may authorize such use of emergency
procurement powers as the Administrator considers
necessary for purposes of carrying out this sub-
section.
(9) FACILITIES WITHOUT FINANCIAL RESPON-
SIBILITY.—
(A) AUTHORITIES
OF
ADMINISTRATOR.—
At a facility with respect to which the owner or
operator has failed to maintain evidence of fi-
nancial responsibility in an amount at least
equal to the amount established by subpara-
graph (A) or (B) of subsection (d)(4), the Ad-
ministrator shall exercise the authorities pro-
vided in paragraph (2)(A)(i), paragraph (4),
and section 8 to order corrective action to clean
up any release at the facility.
(B) AUTHORITIES OF STATES AND POLITI-
CAL SUBDIVISIONS.—A State or political sub-
division acting pursuant to paragraph (7) shall
exercise the authorities provided in paragraphs
(2)(A)(i) and (4) to order corrective action to
clean up any release.
(C) PROTECTION
OF
HEALTH.—Notwith-
standing subparagraphs (A) and (B), the Ad-
ministrator—
(i) may take any corrective action au-
thorized under paragraph (5) at a facility
that is necessary to protect human health
and the environment; and
(ii) shall seek full recovery of the costs
of any corrective action conducted pursu-
ant to paragraph (6)(A) and without con-
sideration of the factors described in para-
graph (6)(B).
(D) 
INSOLVENCY
AND
EMERGENCY.—
Nothing in this paragraph is intended to pre-
vent the Administrator (or a State or political
subdivision pursuant to paragraph (7)) from
taking corrective action at a facility if the Ad-
ministrator (or State or political subdivision)
determines that—
(i) no financially solvent owner or op-
erator exists; or
(ii) immediate action is necessary to
respond to an imminent and substantial
endangerment of human health or the en-
vironment.
(10) PUBLIC
PARTICIPATION.—Before under-
taking a corrective action under this subsection or
issuing an order requiring an owner or operator to
undertake a corrective action, the Administrator (or
a State pursuant to paragraph (7)) shall provide no-
tice to the public and an opportunity for public com-
ment on the proposed corrective action.
(11) DEFINITIONS.—As used in this subsection:
(A) OWNER.—The term ‘‘owner’’ does not
include a person who, without participating in
the management of an aboveground storage
tank and otherwise not engaged in the produc-
tion, refining, transportation, and marketing of
a regulated substance, holds indicia of owner-
ship primarily to protect the owner’s security
interest in the tank.
(B) EXPOSURE
ASSESSMENT.—The term
‘‘exposure assessment’’ means an assessment to
determine the extent of exposure of, or potential
for exposure of, individuals to regulated sub-
stances from a release, based on such factors
as—
(i) the nature and extent of contami-
nation;
(ii) the existence of or potential for
pathways of human exposure (including
ground or surface water contamination, air
emissions, and food chain contamination);
(iii) the size of the community within
the likely pathways of exposure; and
(iv) 
the 
comparison 
of 
expected
human exposure levels to the short-term
and long-term health effects associated
with identified contaminants and any avail-
able recommended exposure or tolerance
limits for the contaminants.
(j) INSPECTIONS.—The Administrator (or the State
in the case of a State exercising primary enforcement re-
sponsibility) shall inspect aboveground storage tanks and
related facilities for the purposes of administering and en-
forcing the provisions of this Act. Such inspections shall
be conducted in accordance with the following schedule
commencing with the first calendar year after the date of
the enactment of this Act:
Tank facility capacity
Inspection frequency
Over 1,000,000 gallons .............................
Annually.
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.
SEC. 6. STATE PROGRAMS.
(a) ELEMENTS.—
(1) IN GENERAL.—Beginning on the date that
is 30 months after the date of enactment of this Act,
a State may submit an aboveground storage tank re-
lease detection, prevention, and correction program
for review and approval by the Administrator.
(2) COVERAGE.—The program may cover
aboveground storage tanks used to store the regu-
lated substances defined in subparagraph (A) or (B)
of section 3(14), or both.
(3) COMPLIANCE WITH REQUIREMENTS.—
(A) IN GENERAL.—The Administrator may
approve a program under this section only if
the State demonstrates that the program—
(i) includes the requirements and
standards listed in subparagraph (B) at a
level no less stringent than the correspond-
ing requirements and standards issued by
the Administrator pursuant to section 5(a);
and
(ii) provides for adequate enforcement
of compliance with the requirements and
standards.
(B) REQUIREMENTS.—The requirements
and standards referred to in subparagraph (A)
are—
(i) the requirements listed in section
5(c);
(ii) the standards required under sub-
sections (e) and (f) of section 5; and
(iii) requirements—
(I) for notifying the appropriate
department or agency designated ac-
cording to section 4(b) of the exist-
ence of an operational or non-
operational storage tank; and
(II) for providing the information
required on the form issued pursuant
to section 4(c).
(b) INTERIM STANDARDS.—
(1) NO
STATE
LEGISLATIVE
ACTION
RE-
QUIRED.—If State regulatory action, but no State
legislative action, is required in order to adopt a
State program that meets the requirements of sub-
section (a), the Administrator may approve the State
program without regard to whether the implementa-
tion by the State of the requirements under para-
graphs (1) through (4), and (6) of section 5(c)
would be less stringent than the implementation of
corresponding standards issued by the Administrator
pursuant to section 5(a) for the 1-year period begin-
ning on the date of issuance of the regulations under
section 5(a).
(2) STATE LEGISLATIVE ACTION REQUIRED.—If
State legislative action is required to adopt a State
program that meets the requirements of subsection
(a), the Administrator may approve a State program
without regard to whether the implementation by the
State of the requirements listed in paragraphs (1)
through (4), and (6) of section 5(c) would be less
stringent than the corresponding standards issued
by the Administrator pursuant to section 5(a) for—
(A) the 2-year period beginning on the
date of issuance of regulations under section
5(a); and
(B) an additional 1-year period beginning
on the date of the legislative action by the State
if regulations are required to be issued by the
State pursuant to the legislative action.
(c) FINANCIAL RESPONSIBILITY.—Corrective action
and compensation programs administered by State or local
agencies or departments may be submitted for approval
under subsection (a)(3) as evidence of financial respon-
sibility. A State program shall comply with paragraphs (1)
through (4) of section 5(d).
(d) TECHNICAL ASSISTANCE.—The Administrator
shall provide technical assistance to States, local govern-
ments, and owners and operators, to assist in compliance
with this section.
(e) REVIEW AND APPROVAL OF PROGRAM.—
(1) REVIEW.—Not later than 180 days after
the date of receipt of a proposed State program, the
Administrator shall, after notice and opportunity for
public comment, determine whether the State pro-
gram complies with this section and provides for
adequate enforcement of compliance with the re-
quirements and standards adopted pursuant to this
section.
(2) APPROVAL.—If the Administrator deter-
mines that a State program complies with this sec-
tion and provides for adequate enforcement of com-
pliance with the requirements and standards adopted
pursuant to this section—
(A) the Administrator shall approve the
State program in lieu of the Federal program;
and
(B) the State shall have primary enforce-
ment responsibility with respect to the require-
ments of the program.
(f) WITHDRAWAL OF APPROVAL.—If, after holding a
public hearing, the Administrator determines that a State
is not administering and enforcing a program authorized
under this Act in accordance with this section, the Admin-
istrator shall so notify the State. If appropriate action is
not taken within a reasonable period of time, not to exceed
120 days after the notification, the Administrator shall
withdraw approval of the program and reestablish the
Federal program pursuant to this Act.
(g) STATE AUTHORITY.—Nothing in this Act shall
preclude or deny a right of a State or political subdivision
of a State—
(1) to adopt or enforce a regulation, require-
ment, or standard of performance respecting above-
ground storage tanks that is more stringent than a
regulation, requirement, or standard of performance
in effect under this Act; or
(2) to impose any additional liability with re-
spect to a release within the State or political sub-
division.
SEC. 7. ACCESS TO INFORMATION.
(a) FURNISHING INFORMATION.—
(1) IN GENERAL.—Subject to paragraph (2),
and for the purpose of developing or assisting in the
development of a regulation, conducting a study,
taking a corrective action, or enforcing this Act—
(A) an owner or operator of an above-
ground storage tank (or a tank subject to study
under section 10) shall, upon request of an offi-
cer, employee, or representative of the Environ-
mental Protection Agency, duly designated by
the Administrator, or upon request of a duly
designated officer, employee, or representative
of a State acting pursuant to section 5(i)(7)
with a program approved under section 6—
(i) furnish information relating to the
tank, associated equipment, and contents;
(ii) conduct monitoring or testing; and
(iii) permit the officer, employee, or
representative at all reasonable times to—
(I) have access to, and to copy,
all records relating to the tanks; and
(II) have access for corrective ac-
tion; and
(B) an officer, employee, or representative
may referred to in subparagraph (A)—
(i) enter at reasonable times an estab-
lishment or other place where an above-
ground storage tank is located;
(ii) inspect and obtain samples from a
person of a regulated substance contained
in the tank;
(iii) conduct monitoring or testing of
a tank, associated equipment, contents, or
surrounding soils, air, surface water or
ground water; and
(iv) take corrective action.
(2) PROMPT
INSPECTIONS.—Each inspection
required under paragraph (1)(B) shall be com-
menced and completed within a reasonable amount
of time.
(b) CONFIDENTIALITY.—
(1) IN GENERAL.—
(A) AVAILABILITY TO PUBLIC.—Subject to
subparagraph (B), any record, report, or infor-
mation obtained from a person under this sec-
tion shall be available to the public.
(B) EXCEPTION
FOR
CONFIDENTIAL
IN-
FORMATION.—
(i) IN
GENERAL.—Subject to clause
(ii), and upon a showing satisfactory to the
Administrator or the State by a person
that a record, report, or piece of informa-
tion, or a particular portion of the record,
report or piece of information, to which the
Administrator or the State, or an officer,
employee, or representative of the Adminis-
trator or State, has access under this sec-
tion, would, if made public, contain infor-
mation entitled to protection under section
1905 of title 18, United States Code, the
record, report, or information shall be con-
sidered confidential in accordance with sec-
tion 1905 of such title.
(ii) EXCEPTION.—The record, report,
document, or information referred to in
clause (i) may be disclosed to other offi-
cers, employees, or authorized representa-
tives of the United States concerned with
carrying out this Act, or when relevant in
a proceeding under this Act.
(2) DESIGNATION
OF
PROTECTED
INFORMA-
TION.—
(A) IN
GENERAL.—In submitting data
under this Act, a person required to provide the
data may—
(i) designate the data that the person
believes is entitled to protection under this
subsection; and
(ii) submit the designated data sepa-
rately from other data submitted under
this Act.
(B) METHOD
OF
DESIGNATION.—A des-
ignation under this paragraph shall be made in
writing and in such manner as the Adminis-
trator may prescribe.
(3) PENALTY FOR DISCLOSURE.—A person not
subject to section 1905 of title 18, United States
Code, who knowingly and willfully divulges or dis-
closes any information entitled to protection under
this subsection shall, upon conviction, be subject to
a fine of not more than $5,000 or to imprisonment
not to exceed 1 year, or both.
(4) DISCLOSURE TO CONGRESSIONAL COMMIT-
TEES.—Notwithstanding any limitation under this
section or any other provision of law, any record, re-
port, or other information obtained by the Adminis-
trator (or a representative of the Administrator)
under this Act shall be made available to a duly au-
thorized committee of Congress, upon written re-
quest.
SEC. 8. FEDERAL ENFORCEMENT.
(a) COMPLIANCE ORDERS.—
(1) IN GENERAL.—
(A) IN GENERAL.—Except as provided in
paragraph (2), whenever, on the basis of any
information, the Administrator determines that
a person is in violation of a requirement of this
Act, the Administrator may—
(i) issue an order requiring compli-
ance within a reasonable specified time pe-
riod; or
(ii) commence a civil action in the
United States district court in which the
violation occurred for appropriate relief, in-
cluding a temporary or permanent injunc-
tion.
(B) ORDERS AFTER A RELEASE.—After a
release, the Administrator may issue an order
prohibiting the use or operation of all or any
portion of a facility in which an aboveground
storage tank is located until the Administrator
(or the State if a State program has been ap-
proved pursuant to section 6) determines
that—
(i) the prohibition is not necessary to
protect human health and the environment;
or
(ii) adequate corrective action has
been taken.
(2) NOTICE TO STATE.—If a violation of a re-
quirement of this Act occurs in a State with a pro-
gram approved pursuant to section 6, the Adminis-
trator shall give notice to the State before issuing an
order or commencing a civil action under this sec-
tion.
(3) PENALTY.—If a violator fails to comply
with an order under this subsection within the time
specified in the order, the violator shall be liable for
a civil penalty of not more than $25,000 for each
day of continued noncompliance.
(b) PROCEDURE.—
(1) HEARING.—An order issued under this sec-
tion shall become final unless, not later than 30 days
after the order is served, the person named in the
order requests a public hearing. Upon receipt of the
request, the Administrator shall promptly conduct a
public hearing.
(2) SUBPOENAS AND DISCOVERY.—In connec-
tion with a proceeding under this section the Admin-
istrator may—
(A) issue subpoenas for the attendance and
testimony of witnesses and the production of
relevant papers, books, and documents; and
(B) issue rules for discovery procedures.
(c) CONTENTS OF ORDER.—An order issued under
this section shall—
(1) state with reasonable specificity the nature
of the violation;
(2) specify a reasonable time for compliance;
and
(3) assess a penalty, if any, that the Adminis-
trator determines is reasonable, taking into account
the seriousness of the violation and any good faith
efforts to comply with the applicable requirements.
(d) CIVIL PENALTIES.—
(1) FAILURE TO NOTIFY OR FALSE INFORMA-
TION.—An owner who knowingly fails to notify or
submits false information pursuant to section 4(a)
shall be subject to a civil penalty not to exceed
$10,000 for each tank with respect to which notifi-
cation is not given or false information is submitted.
(2) FAILURE TO COMPLY.—An owner or opera-
tor shall be subject to a civil penalty in an amount
not to exceed $10,000 for each tank for each day of
violation if the owner or operator fails to comply
with—
(A) a requirement or standard issued by
the Administrator under section 5;
(B) a requirement or standard of a State
program approved pursuant to section 6; or
(C) section 5(h).
SEC. 9. FEDERAL FACILITIES.
(a) APPLICABILITY OF STORAGE TANK REQUIRE-
MENTS.—
(1) IN GENERAL.—
(A) APPLICABILITY.—Each department,
agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal
Government having jurisdiction over an above-
ground storage tank shall be subject to and
comply with all Federal, State, interstate, and
local requirements, applicable to the tank, both
substantive and procedural, in the same man-
ner, and to the same extent, as any other per-
branch of the Federal Government shall be sub-
ject to any such sanction.
(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—(1)
The Administrator may commence an administrative en-
forcement action against any department, agency, or in-
strumentality of the executive, legislative, or judicial
branch of the Federal Government pursuant to the en-
forcement authorities contained in this Act. The Adminis-
trator shall initiate an administrative enforcement action
against such a department, agency, or instrumentality in
the same manner and under the same circumstances as
an action would be initiated against another person. Any
voluntary resolution or settlement of such an action shall
be set forth in a consent order.
(2) No administrative order issued to such a de-
partment, agency, or instrumentality shall become
final until such department, agency, or instrumental-
ity has had the opportunity to confer with the Ad-
ministrator.
(c) LIMITATION ON STATE USE OF FUNDS COL-
LECTED FROM FEDERAL GOVERNMENT.—Unless a State
law in effect on the date of the enactment of this Act or
a State constitution requires the funds to be used in a
different manner, all funds collected by a State from the
Federal Government from penalties and fines imposed for
violation of any substantive or procedural requirement re-
ferred to in subsection (a) shall be used by the State only
for projects designed to improve or protect the environ-
ment or to defray the costs of environmental protection
or enforcement.
(d) PRESIDENTIAL EXEMPTION.—
(1) IN GENERAL.—The President may exempt
an aboveground storage tank of a department, agen-
cy, or instrumentality in the executive branch from
compliance with a requirement referred to in sub-
section (a) if the President determines the exemp-
tion to be in the paramount interest of the United
States.
(2) LACK OF APPROPRIATION.—No exemption
shall be granted because of lack of appropriation un-
less the President specifically requests the appro-
priation in the budget of the United States Govern-
ment as submitted by the President and Congress
fails to make available the requested appropriation.
(3) LENGTH
OF
EXEMPTION.—An exemption
shall be for a period not in excess of 1 year, but ad-
ditional exemptions may be granted for periods not
to exceed 1 year upon a redetermination by the
President.
(4) REPORT
TO
CONGRESS.—The President
shall report each January to Congress all exemp-
tions from the requirements of this section granted
during the preceding calendar year, and the reason
for granting each exemption.
SEC. 10. STUDIES OF ABOVEGROUND STORAGE TANKS.
(a) REGULATED SUBSTANCES TANKS.—
(1) IN GENERAL.—
(A) PETROLEUM TANKS.—Not later than 1
year after the date of enactment of this Act,
and in accordance with paragraph (2), the Ad-
ministrator shall complete a study of above-
ground storage tanks used for the storage of
petroleum.
(B) OTHER
TANKS.—Not later than 3
years after the date of enactment of this Act,
and in accordance with paragraph (2), the Ad-
ministrator shall complete a study of above-
ground storage tanks used for the storage of
regulated substances other than petroleum.
(2) ELEMENTS
OF
STUDIES.—Each study
under paragraph (1) shall include an assessment
of—
(A) the ages, types (including methods of
manufacture, coatings, protection systems, com-
patibility of the construction materials, and in-
stallation methods), and locations (including cli-
mate of the locations) of the tanks;
(B) the soil conditions, water tables, and
hydrogeology of tank locations;
(C) the relationship between the factors
listed in subparagraphs (A) and (B) and the
likelihood of releases;
(D) the design and inspection of the tanks;
(E) the effectiveness and costs of inventory
systems, tank testing, and release detection sys-
tems;
(F) the percentage of facilities undergoing
corrective action and the quantity of recovered
regulated substances; and
(G) such other factors as the Adminis-
trator considers appropriate.
(b) FARM AND HEATING OIL TANKS.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of this Act, the Administrator
shall conduct a study of the tanks described in
clauses (i) and (ii) of section 3(1)(B).
(2) ELEMENTS OF STUDY.—The study shall in-
clude—
(A) estimates of the number and locations
of the tanks; and
(B) an analysis of the extent to which
there may be releases or threatened releases
from the tanks.
(c) REPORTS.—Upon completion of the studies re-
quired under subsections (a) and (b), the Administrator
shall submit reports to the President and to Congress con-
taining—
(1) the results of the studies; and
(2) recommendations regarding whether the
tanks studied should be subject to the requirements
of this Act.
(d) GENERAL ACCOUNTING OFFICE STUDY.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Comptroller
General should conduct a study to assess whether
transportation-related tanks and their associated
piping are adequately regulated by the Department
of Transportation to protect human health and the
environment, and whether such tanks should be reg-
ulated by the Environmental Protection Agency for
the purposes referred to in this sentence.
(2) REPORT.—Upon completion of the study re-
quired under paragraph (1), the Comptroller Gen-
eral shall submit to Congress a report on the results
of the study, along with recommendations regarding
which department or agency should regulate such
tanks.
SEC. 11. CONSOLIDATION WITH UNDERGROUND TANK PRO-
GRAM
In order to provide more effective coordination in the
regulation of both underground and aboveground storage
tanks by the Administrator, the program established
under this Act shall be administered by a Director of an
office of underground and aboveground storage tanks and
shall be consolidated with the administration of the under-
ground tank program under subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.).
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
For fiscal years 1994 through 1998, there are au-
thorized to be appropriated such sums as are necessary
to carry out this Act.
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