[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 389 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 389

To amend the Solid Waste Disposal Act to regulate above-ground storage 
   tanks used to store regulated substances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 18 (legislative day, January 5), 1993

  Mr. Daschle introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to regulate above-ground storage 
   tanks used to store regulated substances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aboveground Storage Tank Act of 
1993''.

SEC. 2. REGULATION OF ABOVEGROUND STORAGE TANKS.

    The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended--
            (1) by redesignating subtitle J as subtitle K; and
            (2) by inserting the following new subtitle after subtitle 
        I:

         ``Subtitle J--Regulation of Aboveground Storage Tanks

``SEC. 10001. DEFINITIONS.

    ``As used in this subtitle:
            ``(1) Aboveground storage tank.--
                    ``(A) In general.--The term `aboveground storage 
                tank' means any one or combination of tanks located 
                aboveground (including any aboveground pipe connected 
                to the tank) that used to contain an accumulation of 
                regulated substances and that is located at least 90 
                percent above the surface of the ground (as measured by 
                volume), including--
                            ``(i) a field-erected tank;
                            ``(ii) a rebuilt tank;
                            ``(iii) a shop-fabricated tank; and
                            ``(iv) a storage tank situated in an 
                        underground area (including a basement, cellar, 
                        mineworking, drift, shaft, or tunnel) if the 
                        storage tank is situated on or above the 
                        surface of the floor.
                    ``(B) Exclusions.--The term shall not include any--
                            ``(i) farm or residential tank of 1,100 
                        gallons or less capacity used for storing motor 
                        fuel for noncommercial purposes;
                            ``(ii) tank used for storing heating oil 
                        for consumptive use on the premises where 
                        stored;
                            ``(iii) storm water or waste water 
                        collection system;
                            ``(iv) flow-through process tank;
                            ``(v) liquid trap or associated gathering 
                        line directly related to oil or gas production 
                        and gathering operations;
                            ``(vi) pipe connected to a tank, system, or 
                        line that is described in clauses (i) through 
                        (v).
            ``(2) Field-erected tank.--The term `field-erected tank' 
        means an aboveground storage tank that is primarily assembled, 
        erected, inspected, and tested for releases on the site where 
        the tank is intended to be operated.
            ``(3) Flow-through process tank.--The term `flow-through 
        process tank' means a tank that fulfills a function essential 
        to the continuous operation of an industrial commercial process 
        and that has a purpose other than storage, including a--
                    ``(A) surge tank;
                    ``(B) seal tank;
                    ``(C) blend tank; and
                    ``(D) tank in which mechanical, physical, or 
                chemical change of the contents is accomplished.
            ``(4) Nonoperational storage tank.--The term 
        `nonoperational storage tank' means an aboveground storage tank 
        in which regulated substances are not deposited, and from which 
        regulated substances are not dispensed, after the date of 
        enactment of this subtitle.
            ``(5) Operator.--The term `operator' means a person who is 
        in control of, or has responsibility for, the daily operation 
        of an aboveground storage tank.
            ``(6) Owner.--The term `owner' means--
                    ``(A) in the case of an aboveground storage tank in 
                use on the date of enactment of this subtitle, or 
                brought into use after that date, a person who owns an 
                aboveground storage tank used for the storage, use, or 
                dispensing of regulated substances; and
                    ``(B) in the case of an aboveground storage tank in 
                use before the date of enactment of this subtitle, but 
                no longer in use after that date, a person who owned 
                the tank immediately before the discontinuation of use.
            ``(7) Person.--The term `person' has the same meaning as 
        provided in section 1004(15), except that the term also 
        includes any consortium, joint venture, or commercial entity 
        not included in section 1004(15), and the United States 
        Government.
            ``(8) Petroleum.--The term `petroleum' means petroleum, 
        including crude oil or a fraction of crude oil, that is liquid 
        at standard conditions of temperature and pressure (60 degrees 
        Fahrenheit and 14.7 pounds per square inch absolute).
            ``(9) Rebuilt tank.--The term `rebuilt tank' means an 
        aboveground storage tank that was in use, disassembled, and 
        subsequently erected elsewhere.
            ``(10) Regulated substance.--The term `regulated substance' 
        means--
                    ``(A) a substance defined in section 101(14) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601(14)) (but not 
                including a substance regulated as a hazardous waste 
                under subtitle C of this Act (42 U.S.C. 6921 et seq.)); 
                and
                    ``(B) petroleum.
            ``(11) Release.--The term `release' means any spilling, 
        leaking, pumping, pouring, emptying, dumping, emitting, 
        discharging, escaping, leaching, or disposing, from an 
        aboveground storage tank into ground water, surface water, or 
        soil.
            ``(12) Secondary containment.--The term `secondary 
        containment' means a system that is used for release prevention 
        (including release prevention underneath the tank), including--
                    ``(A) a system that is capable of catching and 
                holding 110 percent of the full capacity of the tank;
                    ``(B) a double-walled tank;
                    ``(C) an external liner; or
                    ``(D) a system or structure constructed such that 
                any release would be collected by a drainage system or 
                structure and routed to a permitted wastewater 
                treatment system, plant recirculating process system, 
                or approved alternate containment system.
            ``(13) Shop-fabricated tank.--The term `shop-fabricated 
        tank' means an aboveground storage tank that is shipped to the 
        job site primarily assembled, inspected, and tested for 
        releases, and set in place at the job site.

``SEC. 10002. NOTIFICATION.

    ``(a) Aboveground Storage Tanks.--
            ``(1) In general.--
                    ``(A) Existing tanks.--Not later than 18 months 
                after the date of enactment of this subtitle, each 
                owner shall notify the State or local agency or 
                department designated pursuant to subsection (b) of the 
                existence of the aboveground storage tank, and specify 
                the age, size, type, location, and uses of the tank.
                    ``(B) Tanks not in operation.--
                            ``(i) In general.--For each aboveground 
                        storage tank taken out of operation after 
                        January 1, 1977, the owner shall, not later 
                        than 1 year after the date of enactment of this 
                        subtitle, notify the State or local agency or 
                        department designated pursuant to subsection 
                        (b) of the existence of the tank.
                            ``(ii) Contents of notice.--The notice 
                        required under clause (i) shall specify, to the 
                        extent known to the owner--
                                    ``(I) the date the tank was taken 
                                out of operation;
                                    ``(II) the age of the tank on the 
                                date the tank was taken out of 
                                operation;
                                    ``(III) the size, type, and 
                                location of the tank;
                                    ``(IV) either--
                                            ``(aa) the type and 
                                        quantity of substances 
                                        remaining in the tank on the 
                                        date the tank was taken out of 
                                        operation; or
                                            ``(bb) if the tank was 
                                        cleaned and purged of residue 
                                        after that date, confirmation 
                                        of the cleaning and purging;
                                    ``(V) the type and quantity of 
                                substances remaining in the tank on the 
                                date the notification is made;
                                    ``(VI) the type of release 
                                detection system, if any; and
                                    ``(VII) the materials out of which 
                                the tank was constructed.
                    ``(C) Future tanks.--An owner who brings into use 
                an aboveground storage tank after the initial 
                notification period specified under subparagraph (A) 
                shall, not later than 30 days after the bringing into 
                use of the tank, notify the State or local agency or 
                department designated pursuant to subsection (b) of the 
                existence of the tank, and specify--
                            ``(i) the age of the tank;
                            ``(ii) the size, type, and location of the 
                        tank;
                            ``(iii) the uses of the tank;
                            ``(iv) the type of release detection 
                        system; and
                            ``(v) the materials out of which the tank 
                        was constructed.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        hazardous waste tank for which notice was given pursuant to 
        section 103(c) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9603(c)).
            ``(3) Notification by depositors.--During the period 
        beginning on the date that is 30 days after the Administrator 
        prescribes the form of notice pursuant to subsection (c) and 
        ending on the date that is 18 months after that date, a person 
        who deposits regulated substances in an aboveground storage 
        tank shall immediately notify the owner or operator of the 
        notification requirements of the owner under this subsection.
            ``(4) Notification by sellers.--Beginning 30 days after the 
        Administrator issues new tank performance standards pursuant to 
        section 10003(e), a person who sells a tank intended to be used 
        as an aboveground storage tank shall notify the purchaser of 
        the tank of the notification requirements of the owner under 
        this subsection.
    ``(b) Agency Designation.--Not later than 180 days after the date 
of enactment of this subtitle, the Governor of each State shall 
designate an appropriate State agency or department, or local agency or 
department, to receive the notifications required under subsection 
(a)(1).
    ``(c) Regulations.--Not later than 1 year after the date of 
enactment of this subtitle, the Administrator, in consultation with 
State and local officials designated pursuant to subsection (b), and 
after notice and opportunity for public comment, shall issue 
regulations prescribing the form of the notice and the information to 
be included in the notifications required under subsection (a)(1). In 
prescribing the form of the notice, the Administrator shall take into 
account the effect on small business concerns (as defined in section 
3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1))), and on other 
owners and operators.
    ``(d) State Inventories.--
            ``(1) In general.--Each State shall prepare two separate 
        inventories of all aboveground storage tanks in the State 
        containing regulated substances, one inventory with respect to 
        petroleum, and one with respect to other regulated substances. 
        In preparing the inventories, the State shall utilize and 
        aggregate the data in the notification forms submitted pursuant 
        to subsection (a).
            ``(2) Submission of data.--Each State shall submit the 
        aggregated data described in paragraph (1) to the Administrator 
        not later than 270 days after the date of enactment of this 
        subtitle.

``SEC. 10003. RELEASE DETECTION, PREVENTION, AND CORRECTION 
              REGULATIONS.

    ``(a) Regulations.--The Administrator, after providing notice and 
opportunity for public comment, including convening a public meeting, 
and at least 6 months before the applicable effective date specified in 
subsection (g), shall issue such release detection, prevention, and 
correction regulations applicable to all owners and operators as are 
necessary to protect human health and the environment.
    ``(b) Distinctions in Regulations.--
            ``(1) In general.--
                    ``(A) Distinguishing tanks.--Subject to 
                subparagraph (B), in issuing regulations under this 
                section, the Administrator may distinguish aboveground 
                storage tanks by type, class, or age.
                    ``(B) Petroleum tanks.--The regulations for 
                aboveground storage tanks containing petroleum shall be 
                no less stringent than those for other regulated 
                substances.
            ``(2) Factors.--In making the distinctions described in 
        paragraph (1), the Administrator may take into consideration 
        the following factors:
                    ``(A) The location of tanks.
                    ``(B) Soil and climate conditions.
                    ``(C) The uses of tanks.
                    ``(D) The history of maintenance.
                    ``(E) The ages of tanks.
                    ``(F) Industry standards at the time of issuance of 
                the regulations.
                    ``(G) National consensus codes.
                    ``(H) National fire protection codes.
                    ``(I) Hydrogeology.
                    ``(J) Water table.
                    ``(K) The sizes of tanks.
                    ``(L) The quantity of regulated substances 
                periodically deposited in or dispensed from tanks.
                    ``(M) The technical capability of owners and 
                operators.
                    ``(N) The compatibility of the regulated substance 
                and the materials of which the tanks are fabricated.
                    ``(O) Other factors that the Administrator 
                considers appropriate.
    ``(c) Requirements.--The regulations issued pursuant to this 
section shall include, with respect to all aboveground storage tanks, 
requirements for--
            ``(1) maintaining a release detection system, an inventory 
        control system (together with tank testing), or a comparable 
        system or method designed to identify releases in a manner 
        consistent with the protection of human health and the 
        environment;
            ``(2) maintaining records of any monitoring or release 
        detection system or inventory control system (and tank testing) 
        or comparable system;
            ``(3) the prevention of releases, including--
                    ``(A) certified inspection of field-erected tanks, 
                rebuilt tanks, and shop-fabricated tanks, for which the 
                Administrator shall establish a timetable;
                    ``(B) maintaining records of regular visual 
                inspection and of the certified inspection required 
                pursuant to subparagraph (A);
                    ``(C) inspection procedures, including--
                            ``(i) periodic emptying of aboveground 
                        storage tanks; and
                            ``(ii)(I) internal inspection; or
                            ``(II) standards for those tanks that 
                        cannot be entered;
                    ``(D) corrosion protection;
                    ``(E) labeling of tanks; and
                    ``(F) spill and overfill prevention devices and 
                procedures.
            ``(4) reporting of releases and corrective action taken in 
        response to a release (including reporting to the National 
        Response Center established pursuant to section 311(j) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321(j))), 
        except for those releases required to be reported under other 
        Federal law;
            ``(5) taking corrective action in response to a release;
            ``(6) the closure of tanks from which there have been 
        releases in order to prevent future releases;
            ``(7) the upgrading of existing tanks to new tank standards 
        not later than 10 years after the date of enactment of this 
        Act; and
            ``(8) maintaining evidence of financial responsibility for 
        taking corrective action and compensating third parties for 
        bodily injury and property damage caused by sudden and 
        nonsudden accidental releases, in accordance with subsection 
        (d).
    ``(d) Financial Responsibility.--
            ``(1) In general.--
                    ``(A) In general.--An owner or operator shall be 
                required to demonstrate financial responsibility in 
                accordance with regulations issued by the Administrator 
                pursuant to subsection (c)(8).
                    ``(B) Methods.--Financial responsibility may be 
                demonstrated by any one, or any combination, 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 Administrator may specify 
                insurance policy or other contractual terms, 
                conditions, or defenses, that are necessary or are 
                unacceptable in establishing evidence of financial 
                responsibility in order to carry out this subtitle.
            ``(2) Bankruptcy.--
                    ``(A) In general.--If the owner or operator is in 
                bankruptcy, reorganization, or arrangement pursuant to 
                title II, United States Code, or where with reasonable 
                diligence jurisdiction in a Federal 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 required to be provided under this 
                subsection may be asserted directly against the 
                guarantor providing the evidence of financial 
                responsibility.
                    ``(B) Rights and defenses.--In an action brought 
                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 operator 
                        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 liability of 
                a guarantor shall be limited to the aggregate amount 
                that the guarantor has provided as evidence of 
                financial responsibility to the owner or operator under 
                this subsection.
                    ``(B) Effect on other liability.--Nothing 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 failing to negotiate the settlement of a claim.
                    ``(C) Effect on cercla liability.--Nothing in this 
                subsection is intended to diminish 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 and 9611, respectively), or 
                other applicable law.
            ``(4) Amount of coverage.--
                    ``(A) In general.--In issuing financial 
                responsibility regulations under this section, the 
                Administrator shall establish an amount of coverage for 
                particular classes and categories of aboveground 
                storage tanks that shall satisfy the regulations.
                    ``(B) Petroleum tanks.--
                            ``(i) In general.--The amount of coverage 
                        for aboveground storage tanks containing 
                        petroleum shall be not less than $1,000,000 for 
                        each release with an appropriate aggregate 
                        requirement.
                            ``(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, 
                                refining, transportation, or marketing; 
                                and
                                    ``(II) are not used to handle 
                                substantial quantities of petroleum.
                    ``(C) Factors.--In establishing classes and 
                categories for the purpose of this paragraph, the 
                Administrator may consider--
                            ``(i) the size, type, location, storage, 
                        and handling capacity of aboveground storage 
                        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 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 community and affected natural 
                        resources;
                            ``(iv) the availability of methods of 
                        financial responsibility in amounts greater 
                        than the amount established by this paragraph; 
                        and
                            ``(v) such other factors as the 
                        Administrator 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 financial 
                                responsibility satisfying the 
                                requirements of this subsection are not 
                                generally available for aboveground 
                                storage tanks in the class or category; 
                                and
                                    ``(II) the State has taken 
                                measures--
                                            ``(aa) to form a risk 
                                        retention group for the class 
                                        of tanks; or
                                            ``(bb) to establish a fund 
                                        pursuant to section 10004(c)(1) 
                                        to be submitted as evidence of 
                                        financial responsibility.
                            ``(ii) Length of suspension.--A suspension 
                        by the Administrator pursuant to this paragraph 
                        shall extend for a period not to exceed 180 
                        days.
                            ``(iii) Extension.--A determination to 
                        suspend may be made with respect to the same 
                        class or category or for the same State on the 
                        termination of the period of suspension, if--
                                    ``(I) substantial progress has been 
                                made by the State in establishing a 
                                risk retention 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 
                                unable or unwilling to establish a fund 
                                pursuant to clause (i)(II).
            ``(5) Definition.--As used in this subsection, the term 
        `guarantor' means a person, other than the owner or operator, 
        who provides evidence of financial responsibility for an owner 
        or operator under this subsection.
    ``(e) New Tank Performance Standards.--
            ``(1) In general.--Not later than 90 days before the 
        applicable effective date specified in subsection (g), the 
        Administrator shall issue performance standards for aboveground 
        storage tanks brought into use on or after the effective date.
            ``(2) Contents.--The performance standards for new 
        aboveground storage tanks shall include design, construction, 
        installation, maintenance, inspection, secondary containment, 
        labeling, corrosion protection, integrity, and compatibility 
        standards.
            ``(3) Place of assembly.--The Administrator shall consider 
        the differences between shop-fabricated and field-erected tanks 
        in the setting of the standards.
    ``(f) Rebuilt Tank Performance Standards.--
            ``(1) In general.--Not later than 90 days before the 
        applicable effective date specified in subsection (g), the 
        Administrator shall issue performance standards for rebuilt 
        tanks reintroduced for use on or after the effective date.
            ``(2) Contents.--The standards described in paragraph (1) 
        shall include design, construction, installation, maintenance, 
        secondary containment, labeling, corrosion protection, 
        integrity, and compatibility standards.
    ``(g) Effective Dates.--
            ``(1) Petroleum tanks.--For aboveground storage tanks 
        containing regulated substances defined in section 
        10001(11)(B), the regulations issued pursuant to subsections 
        (c) and (d), and the standards issued pursuant to subsections 
        (e) and (f), shall take effect not later than 30 months after 
        the date of enactment of this subtitle.
            ``(2) Nonpetroleum tanks.--For aboveground storage tanks 
        containing regulated substances defined in section 
        10001(11)(A)--
                    ``(A) the standards issued pursuant to subsections 
                (e) and (f) shall take effect not later than 3 years 
                after the date of enactment of this subtitle; and
                    ``(B) the regulations issued pursuant to 
                subsections (c) and (d) shall take effect not later 
                than 4 years after the date of enactment of this 
                subtitle.
    ``(h) Interim Prohibition.--During the period beginning on the date 
that is 180 days after the date of enactment of this subtitle and 
ending on the day before the effective date of the standards issued by 
the Administrator under subsection (e), no person may install any 
aboveground storage tank (including a tank of single wall or double 
wall construction) for the purpose of storing regulated substances 
unless the tank--
            ``(1) will prevent releases due to corrosion or structural 
        failure for the operational life of the tank;
            ``(2) is--
                    ``(A) cathodically protected against corrosion;
                    ``(B) constructed of noncorrosive material;
                    ``(C) steel clad with a noncorrosive material; or
                    ``(D) designed in a manner to prevent any release; 
                and
            ``(3) is made of a material, used in the construction or 
        lining, that is compatible with the substance to be stored.
    ``(i) EPA Response Program.--
            ``(1) Applicability.--This subsection shall apply to all 
        regulated substances that are not subject to a cleanup response 
        or similar plan under other Federal law.
            ``(2) Undertaking corrective actions.--
                    ``(A) Before regulations.--
                            ``(i) In general.--Before the effective 
                        date of regulations issued pursuant to 
                        subsection (c), the Administrator (or a State 
                        pursuant to paragraph (7)) may--
                                    ``(I) require the owner or operator 
                                to undertake corrective action with 
                                respect to a release if the 
                                Administrator (or the State 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 pursuant to 
                                paragraph (7)), to protect human health 
                                and the environment.
                            ``(ii) Extent of action.--The corrective 
                        action undertaken or required under this 
                        paragraph shall be such action as is necessary 
                        to protect human health and the environment.
                            ``(iii) Priority.--Subject to the priority 
                        requirements of paragraph (3), the 
                        Administrator (or the State pursuant to 
                        paragraph (7)) shall give priority in 
                        undertaking the actions under clause (i)(II) to 
                        cases in which the Administrator (or the State 
                        pursuant to paragraph (7)) cannot identify an 
                        owner or operator who is--
                                    ``(I) financially solvent (as 
                                determined by the Administrator); and
                                    ``(II) capable of undertaking 
                                corrective action in a manner that is 
                                satisfactory to the Administrator (or 
                                the State pursuant to paragraph (7)).
                    ``(B) On or after effective date of regulations.--
                            ``(i) In general.--On or after the 
                        effective date of regulations issued pursuant 
                        to subsection (c)--
                                    ``(I) all actions or orders of the 
                                Administrator (or a State pursuant to 
                                paragraph (7)) described in 
                                subparagraph (A) shall conform to the 
                                regulations; and
                                    ``(II) the Administrator (or the 
                                State 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 pursuant to 
                                paragraph (7)), to protect human health 
                                and the environment, and if--
                                            ``(aa) within 90 days after 
                                        the release (or within such 
                                        shorter period as is necessary 
                                        to protect human health and the 
                                        environment), the Administrator 
                                        (or the State pursuant to 
                                        paragraph (7)) cannot identify 
                                        an owner or operator who is 
                                        financially solvent (as 
                                        determined by the 
                                        Administrator), subject to the 
                                        corrective action regulations, 
                                        and capable of undertaking 
                                        corrective action in a manner 
                                        that is satisfactory to the 
                                        Administrator (or the State 
                                        pursuant to paragraph (7));
                                            ``(bb) prompt action is 
                                        required by the Administrator 
                                        (or the State pursuant to 
                                        paragraph (7)) under this 
                                        paragraph to protect human 
                                        health and the environment; or
                                            ``(cc) the owner or 
                                        operator has failed or refused 
                                        to comply with an order of the 
                                        Administrator under this 
                                        subsection or section 10006, or 
                                        with the order of a State under 
                                        this subsection, that requires 
                                        compliance with the corrective 
                                        action regulations issued 
                                        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 pursuant to paragraph (7)) shall 
        give priority to releases that pose the greatest threat to 
        human health and the environment.
            ``(4) Corrective action orders.--
                    ``(A) Administrator.--The Administrator may issue 
                orders to an owner or operator to carry out paragraph 
                (2)(A)(i)(I) or to carry out regulations issued under 
                subsection (c)(5).
                    ``(B) State.--A State acting pursuant to paragraph 
                (7) may issue orders pursuant to paragraph (2)(A)(i)(I) 
                only until such time as the Administrator approves the 
                program of the State pursuant to section 10004.
                    ``(C) Issuance and enforcement.--The orders issued 
                under this paragraph shall be issued and enforced in 
                the same manner and subject to the same requirements as 
                orders issued under section 10006.
            ``(5) Allowable corrective actions.--
                    ``(A) In general.--The corrective actions that may 
                be undertaken by the Administrator (or by a State 
                pursuant to paragraph (7)) under paragraph (2) shall 
                include--
                            ``(i) the temporary or permanent relocation 
                        of residents;
                            ``(ii) the provision of alternative 
                        household water supplies;
                            ``(iii) the recovery of the regulated 
                        substance that has been released; and
                            ``(iv) the installation of any necessary 
                        venting.
                    ``(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 
                        (10)) or provide for such an assessment in a 
                        cooperative agreement with a State pursuant to 
                        paragraph (7).
                            ``(ii) Costs.--The costs of the exposure 
                        assessment may be treated as corrective action 
                        for the purpose of paragraph (6).
                            ``(iii) Delay.--The assessment may not 
                        delay corrective action to abate immediate 
                        hazards or reduce exposure.
            ``(6) Recovery of costs.--
                    ``(A) In general.--
                            ``(i) Liability.--Whenever costs have been 
                        incurred by the Administrator (or by a State 
                        pursuant to paragraph (7)) for undertaking any 
                        corrective action or enforcement action with 
                        respect to a release, the owner or operator 
                        shall be liable to the Administrator or the 
                        State for the costs.
                            ``(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 described in section 311 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1321).
                    ``(B) Recovery.--In determining the equities for 
                seeking the recovery of costs under subparagraph (A), 
                the Administrator (or a State pursuant to paragraph 
                (7)) may consider--
                            ``(i) the amount of financial 
                        responsibility required to be maintained under 
                        subsections (c)(7) and (d)(4); and
                            ``(ii) the factors considered in 
                        establishing the amount of financial 
                        responsibility under subsection (d)(4).
                    ``(C) Effect on liability.--
                            ``(i) Transfers of liability.--No 
                        indemnification, hold harmless, or similar 
                        agreement or conveyance shall be effective to 
                        transfer the liability imposed under this 
                        subsection from an owner or operator, or from a 
                        person who may be liable for a release or 
                        threat of release under this subsection, to 
                        another person. Nothing in this subsection 
                        shall bar an agreement to insure, hold 
                        harmless, or indemnify a party to the agreement 
                        for any liability under this section.
                            ``(ii) Bars to causes of action.--Nothing 
                        in this subsection (including clause (i)) shall 
                        bar a cause of action that an owner or operator 
                        or any other person subject to liability under 
                        this section, or a guarantor, has or would 
                        have, by reason of subrogation, or by any other 
                        reason, against a person.
                    ``(D) Definition.--As used in this paragraph, the 
                term `facility' means, with respect to an owner or 
                operator, all aboveground storage tanks used for the 
                storage of regulated substances that are owned or 
                operated by the owner or operator and located on a 
                single parcel of property (or on contiguous or adjacent 
                property).
            ``(7) State authorities.--
                    ``(A) In general.--A State may exercise the 
                authorities described in paragraph (2), subject to the 
                terms and conditions of paragraphs (3), (5), (9), and 
                (10), and including the authorities described in 
                paragraphs (4), (6), and (8), if--
                            ``(i) the Administrator determines that the 
                        State is capable of carrying out (including has 
                        the personnel necessary to carry out) effective 
                        corrective actions and enforcement activities; 
                        and
                            ``(ii) the Administrator enters into a 
                        cooperative agreement with the State that 
                        establishes the actions to be undertaken by the 
                        State.
                    ``(B) Cost share.--
                            ``(i) In general.--After the effective date 
                        of regulations issued pursuant to subsection 
                        (c), and subject to clause (ii), the State 
                        shall pay 10 percent of the cost of corrective 
                        actions undertaken either by the Administrator 
                        or by the State under a cooperative agreement 
                        described in subparagraph (A)(ii).
                            ``(ii) Exception for emergencies.--The 
                        Administrator may take corrective action at a 
                        facility where immediate action is necessary to 
                        respond to an imminent and substantial 
                        endangerment to human health or the environment 
                        if the State fails to pay the cost share.
            ``(8) Emergency procurement powers.--The Administrator may 
        authorize such use of emergency procurement powers as the 
        Administrator considers necessary.
            ``(9) Facilities without financial responsibility.--
                    ``(A) Authorities of administrator.--At a facility 
                where the owner or operator has failed to maintain 
                evidence of financial responsibility in an amount at 
                least equal to the amount established by subparagraph 
                (A) or (B) of subsection (d)(4), the Administrator 
                shall exercise the authorities provided in paragraph 
                (2)(A)(i), paragraph (4), and section 10006 to order 
                corrective action to clean up releases.
                    ``(B) Authorities of states.--A State acting 
                pursuant to paragraph (7) shall exercise the 
                authorities provided in paragraphs (2)(A)(i) and (4) to 
                order corrective action to clean up releases.
                    ``(C) Protection of health.--Notwithstanding this 
                paragraph, the Administrator--
                            ``(i) may take any corrective action 
                        authorized 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 
                        pursuant to paragraph (6)(A) and without 
                        consideration of the factors described in 
                        paragraph (6)(B).
                    ``(D) Insolvency and emergency.--Nothing in this 
                paragraph shall prevent the Administrator (or a State 
                pursuant to paragraph (7)) from taking corrective 
                action at a facility if--
                            ``(i) no financially solvent owner or 
                        operator exists; or
                            ``(ii) immediate action is necessary to 
                        respond to an imminent and substantial 
                        endangerment of human health or the 
                        environment.
            ``(10) 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 production, refining, transportation, and 
                marketing of a regulated substance, holds indicia of 
                ownership 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 substances from a release, 
                based on such factors as--
                            ``(i) the nature and extent of 
                        contamination;
                            ``(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 available recommended 
                        exposure or tolerance limits for the 
                        contaminants.

``SEC. 10004. STATE PROGRAMS.

    ``(a) Elements.--
            ``(1) In general.--Beginning 30 months after the date of 
        enactment of this subtitle, a State may submit an aboveground 
        storage tank release 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 regulated substances defined in 
        subparagraph (A) or (B) of section 10001(11), or both.
            ``(3) Compliance with requirements.--
                    ``(A) In general.--A program may be approved by the 
                Administrator 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 corresponding 
                        requirements and standards issued by the 
                        Administrator pursuant to section 10003(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 
                        10003(c);
                            ``(ii) the standards required under 
                        subsections (e) and (f) of section 10003; and
                            ``(iii) requirements--
                                    ``(I) for notifying the appropriate 
                                agency or department designated 
                                according to section 10002(b) of the 
                                existence of an operational or 
                                nonoperational storage tank; and
                                    ``(II) for providing the 
                                information required on the form issued 
                                pursuant to section 10002(c).
    ``(b) Interim Standards.--
            ``(1) No state legislative action required.--If State 
        regulatory action but no State legislative action is required 
        in order to adopt a State program, a State program may be 
        approved without regard to whether the implementation by the 
        State of the requirements listed in paragraphs (1), (2), (3), 
        (4), and (6) of section 10003(c) is less stringent than the 
        corresponding standards issued by the Administrator pursuant to 
        section 10003(a) during the 1-year period commencing on the 
        date of issuance of regulations under section 10003(a).
            ``(2) State legislative action required.--If State 
        legislative action is required, a State program may be approved 
        without regard to whether the implementation by the State of 
        the requirements listed in paragraphs (1), (2), (3), (4), and 
        (6) of section 10003(c) is less stringent than the 
        corresponding standards issued by the Administrator pursuant to 
        section 10003(a)--
                    ``(A) during the 2-year period commencing on the 
                date of issuance of regulations under section 10003(a); 
                and
                    ``(B) during an additional 1-year period after the 
                legislative action 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 
responsibility. A State program shall comply with paragraphs (1) 
through (4) of section 10003(d).
    ``(d) Technical Assistance.--The Administrator shall provide 
technical assistance to States, local governments, 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 program complies with this section and 
        provides for adequate enforcement of compliance with the 
        requirements and standards adopted pursuant to this section.
            ``(2) Approval.--If the Administrator determines that a 
        State program complies with this section and provides for 
        adequate enforcement of compliance 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 enforcement 
                responsibility with respect to the requirements of the 
                program.
    ``(f) Withdrawal of Approval.--If the Administrator determines 
after a public hearing that a State is not administering and enforcing 
a program authorized under this subtitle in accordance with this 
section, the Administrator shall notify the State. If appropriate 
action is not taken within a reasonable period of time, not to exceed 
120 days after the date of notification, the Administrator shall 
withdraw approval of the program and reestablish the Federal program 
pursuant to this subtitle.
    ``(g) State Authority.--Nothing in this subtitle shall preclude or 
deny a right of a State or political subdivision of a State--
            ``(1) to adopt or enforce a regulation, requirement, or 
        standard of performance with respect to aboveground storage 
        tanks that is more stringent than a regulation, requirement, or 
        standard of performance in effect under this subtitle; or
            ``(2) to impose any additional liability with respect to a 
        release within the State or political subdivision.

``SEC. 10005. 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 subtitle--
                    ``(A) an owner or operator of an aboveground 
                storage tank (or a tank subject to study under section 
                10008) shall, on request of an officer, employee, or 
                representative of the Environmental Protection Agency, 
                duly designated by the Administrator, or on request of 
                a duly designated officer, employee, or representative 
                of a State acting pursuant to section 10003(i)(7) with 
                an approved program--
                            ``(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 
                                action; and
                    ``(B) an officer, employee, or representative may--
                            ``(i) enter at reasonable times an 
                        establishment or other place where an 
                        aboveground 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 commenced 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 information 
                obtained from a person under this section shall be 
                available to the public.
                    ``(B) Exception for confidential information.--
                            ``(i) In general.--Subject to clause (ii), 
                        and on a showing satisfactory to the 
                        Administrator or the State by a person that a 
                        record, report, or piece of information, 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 
                        Administrator or State, has access under this 
                        section, would, if made public, contain 
                        information entitled to protection under 
                        section 1905 of title 18, United States Code, 
                        the record, report, or information shall be 
                        considered confidential in accordance with 
                        section 1905 of such title.
                            ``(ii) Exception.--The record, report, 
                        document, or information may be disclosed to 
                        other officers, employees, or authorized 
                        representatives of the United States concerned 
                        with carrying out this Act, or when relevant in 
                        a proceeding under this Act.
            ``(2) Designation of protected information.--
                    ``(A) In general.--In submitting data under this 
                subtitle, 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 
                        separately from other data submitted under this 
                        subtitle.
                    ``(B) Method of designation.--A designation under 
                this paragraph shall be made in writing and in such 
                manner as the Administrator may prescribe.
            ``(3) Penalty for disclosure.--A person who is not subject 
        to section 1905 of title 18, United States Code, and who 
        knowingly and willfully divulges or discloses any information 
        entitled to protection under this subsection shall, on 
        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 committees.--
        Notwithstanding any limitation contained in this section or any 
        other provision of law, any record, report, or other 
        information obtained by the Administrator (or a representative 
        of the Administrator) under this Act shall be made available to 
        a duly authorized committee of Congress, on written request.

``SEC. 10006. 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 subtitle, the Administrator 
                may--
                            ``(i) issue an order requiring compliance 
                        within a reasonable specified time period; or
                            ``(ii) commence a civil action in the 
                        United States district court in which the 
                        violation occurred for appropriate relief, 
                        including a temporary or permanent injunction.
                    ``(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 
                the tank is located until the Administrator (or the 
                State if a State program has been approved pursuant to 
                section 10004) 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 requirement of 
        this subtitle occurs in a State with a program approved 
        pursuant to section 10004, the Administrator shall give notice 
        to the State before issuing an order or commencing a civil 
        action under this section.
            ``(3) Penalty.--If a violator fails to comply with an order 
        under this subsection within the period of 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 section shall 
        become final unless, not later than 30 days after the order is 
        served, the person named in the order requests a public 
        hearing. On the request, the Administrator shall promptly 
        conduct a public hearing.
            ``(2) Subpoenas and discovery.--In connection with a 
        proceeding under this section the Administrator 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 Administrator 
        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 information.--An owner who 
        knowingly fails to notify or submits false information pursuant 
        to section 10002(a) shall be subject to a civil penalty not to 
        exceed $10,000 for each tank for which notification is not 
        given or false information is submitted.
            ``(2) Failure to comply.--An owner or operator shall be 
        subject to a civil penalty 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 10003;
                    ``(B) a requirement or standard of a State program 
                approved pursuant to section 10004; or
                    ``(C) section 10003(h).

``SEC. 10007. FEDERAL FACILITIES.

    ``(a) Applicability of Storage Tank Requirements.--
            ``(1) In general.--Each department, agency, and 
        instrumentality of the executive, legislative, and judicial 
        branches of the Federal Government having jurisdiction over an 
        aboveground 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 manner, and to the same extent, as any other person is 
        subject to the requirements (including payment of reasonable 
        service charges).
            ``(2) Injunctive relief.--Neither the United States, nor an 
        agent, employee, or officer of the United States, shall be 
        immune or exempt from a process or sanction of any Federal or 
        State court with respect to the enforcement of any injunctive 
        relief.
    ``(b) Presidential Exemption.--
            ``(1) In general.--The President may exempt an aboveground 
        storage tank of a department, agency, or instrumentality in the 
        Executive branch from compliance with a requirement if the 
        President determines the exemption to be in the paramount 
        interest of the United States.
            ``(2) Lack of appropriation.--No exemption shall be granted 
        because of lack of appropriation unless the President 
        specifically requests the appropriation in the budget of the 
        United States Government 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 to exceed 1 year, but additional exemptions may be 
        granted for periods not to exceed 1 year on a redetermination 
        by the President.
            ``(4) Report to congress.--The President shall report each 
        January to Congress all exemptions from the requirements of 
        this section granted during the preceding calendar year, and 
        the reason for granting each exemption.

``SEC. 10008. 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 subtitle, and in 
                accordance with paragraph (2), the Administrator shall 
                complete a study of aboveground storage tanks used for 
                the storage of petroleum.
                    ``(B) Other tanks.--Not later than 3 years after 
                the date of enactment of this subtitle, and in 
                accordance with paragraph (2), the Administrator shall 
                complete a study of aboveground 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, 
                compatibility of the construction materials, and 
                installation methods), and locations (including climate 
                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 systems;
                    ``(F) the percentage of facilities undergoing 
                corrective action and the quantity of recovered 
                regulated substances; and
                    ``(G) such other factors as the Administrator 
                considers appropriate.
    ``(b) Farm and Heating Oil Tanks.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of this subtitle, the Administrator shall conduct a 
        study of the tanks described in clauses (i) and (ii) of section 
        10001(1)(B).
            ``(2) Elements of study.--The study shall include--
                    ``(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.--On completion of the studies required under this 
section, the Administrator shall submit reports to the President and to 
Congress containing--
            ``(1) the results of the studies; and
            ``(2) recommendations as to whether the tanks studied 
        should be subject to the requirements of this subtitle.

``SEC. 10009. AUTHORIZATION OF APPROPRIATIONS.

    ``For fiscal years 1992 through 1996, there are authorized to be 
appropriated such sums as are necessary to carry out this subtitle.''.

SEC. 3. TABLE OF CONTENTS.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) is amended--
            (1) by redesignating subtitle J as subtitle K; and
            (2) by inserting the following new items after the items 
        relating to subtitle I:

         ``Subtitle J--Regulation of Aboveground Storage Tanks

``Sec. 10001. Definitions.
``Sec. 10002. Notification.
``Sec. 10003. Release detection, prevention, and correction 
                            regulations.
``Sec. 10004. State programs.
``Sec. 10005. Access to information.
``Sec. 10006. Federal enforcement.
``Sec. 10007. Federal facilities.
``Sec. 10008. Studies of aboveground storage tanks.
``Sec. 10009. Authorization of appropriations.''.

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