[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 588 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 588

     To regulate aboveground storage tanks used to store regulated 
                  substances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 16 (legislative day, March 3), 1993

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

_______________________________________________________________________

                                 A BILL


 
     To regulate aboveground 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Aboveground 
Storage Tank Act of 1993''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Notification.
Sec. 5. Release detection, prevention, and correction regulations and 
                            inspection requirement.
Sec. 6. State programs.
Sec. 7. Access to information.
Sec. 8. Federal enforcement.
Sec. 9. Federal facilities.
Sec. 10. Studies of aboveground storage tanks.
Sec. 11. Consolidation with underground tank program.
Sec. 12. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) as a result of pressing environmental concerns about 
        undetected leaking underground tanks, and increased regulation 
        of such tanks, increasing amounts of petroleum products are 
        being stored aboveground in tanks of all sizes;
            (2) aboveground tanks, originally in disfavor because of 
        fire protection concerns, are increasingly popular because of 
        their ability to be easily monitored for leaks and spills;
            (3) State and local fire authorities have consistently 
        regulated small aboveground tanks and their current strict fire 
        safety requirements have proven to provide excellent 
        environmental protection as well; and
            (4) to date no Federal legislation has existed that 
        comprehensively regulates aboveground tanks of all sizes and 
        their associated piping for environmental protection concerns.
    (b) Purposes.--The purpose of this Act is to establish a 
comprehensive program for the regulation of aboveground storage tanks 
to promote environmental protection and protection against fires by 
ensuring that all aboveground storage tanks are managed in accordance 
with Federal environmental standards designed to prevent leaks and 
spills and to assure expeditious spill reporting and cleanup.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Aboveground storage tank.--
                    (A) In general.--The term ``aboveground storage 
                tank'' means any one or combination of tanks located 
                aboveground (including any pipe connected to the tank) 
                that is 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 of 
                the following:
                            (i) A farm or residential tank of 1,100 
                        gallons or less capacity used for storing motor 
                        fuel for noncommercial purposes.
                            (ii) A tank of 1,100 gallons or less 
                        capacity used for storing heating oil for 
                        consumptive use on the premises where stored.
                            (iii) A stationary tank of 1,100 gallons or 
                        less capacity used for storing fuel to supply 
                        stationary fuel-fired equipment through a 
                        system of fixed valves and piping.
                            (iv) A storm water or waste water 
                        collection system.
                            (v) A flow-through process tank.
                            (vi) A liquid trap or associated gathering 
                        lines directly related to oil or gas production 
                        and gathering operations.
                            (vii) Except as provided in section 4 and 
                        in subsections (i) and (j) of section 5, a 
                        fire-protected tank regulated by State or local 
                        fire regulatory authorities with a capacity of 
                        not more than 12,000 gallons located at a 
                        facility with a cumulative tank capacity of not 
                        more than 42,000 gallons.
                            (viii) Except as provided in section 4, a 
                        production tank.
                            (ix) A pipe connected to a tank, system, 
                        trap or line described in clauses (i) through 
                        (vi).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Facility.--The term ``facility'' means, with respect to 
        an owner or operator, all aboveground storage tanks and their 
        associated piping 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).
            (4) 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.
            (5) Flow-through process tank.--
                    (A) In general.--The term ``flow-through process 
                tank'' means a tank that forms an integral part of a 
                production process through which there is a steady, 
                variable, recurring, or intermittent flow of materials 
                during the operation of the process.
                    (B) Exclusions.--The term does not include a tank 
                used--
                            (i) for the storage of materials prior to 
                        introduction of the materials into the 
                        production process; or
                            (ii) for the storage of finished products 
                        or byproducts from the production process.
            (6) 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 Act.
            (7) Operator.--The term ``operator'' means a person who is 
        in control of, or has responsibility for, the daily operation 
        of an aboveground storage tank.
            (8) Owner.--
                    (A) The term ``owner'' means--
                            (i) in the case of an aboveground storage 
                        tank in use on the date of enactment of this 
                        Act, 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
                            (ii) in the case of an aboveground storage 
                        tank in use before the date of enactment of 
                        this Act, but no longer in use after that date, 
                        a person who owned the tank immediately before 
                        the discontinuation of its use.
                    (B) Exclusion.--The term does not include a person 
                who holds indicia of ownership primarily to protect his 
                security interest in the tank, unless, through 
                foreclosure or other related actions, the person takes 
                possession of the tank.
            (9) Person.--The term ``person'' has the same meaning as 
        provided in section 1004(15) of the Solid Waste Disposal Act 
        (42 U.S.C. 6903(15)), except that the term also includes any 
        consortium, joint venture, or commercial entity, and the United 
        States Government.
            (10) 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).
            (11) Production tank.--The term ``production tank'' means a 
        tank used to contain fluids derived from, or associated with, 
        oil or natural gas exploration or production.
            (12) Fire-protected tank.--
                    (A) In general.--The term ``fire-protected tank'' 
                means an inner tank that is surrounded by a barrier 
                that provides not less than a 2-hour pool fire 
                resistive rating, that is impact-resistant, that has 
                integral or external secondary containment, that 
                contains liquid with a flash point below 140 degrees 
                Fahrenheit, whose exterior surface (including 
                connecting piping) and the floor beneath the tank is 
                monitored, and that is constructed and installed in 
                accordance with the model fire code requirements 
                described in subparagraph (B).
                    (B) Model fire code requirements.--(i) Subject to 
                clause (ii), the requirements referred to in 
                subparagraph (A) are the requirements of 1 or more of 
                the following model fire codes: National Fire 
                Protection Association (30) or (30-A), the National 
                Fire Code of the Building Officials and Code 
                Administrators International, Inc., the Uniform Fire 
                Code of the International Fire Code Institute, and the 
                Standard Fire Prevention Code of the Southern Building 
                Code Congress International.
                    (ii) A model fire code listed in clause (i) may be 
                used for purposes of subparagraph (A) only if the 
                requirements of the code are as stringent as, or more 
                stringent than, the requirements of the code as the 
                code existed on the date of the enactment of this Act.
                    (C) New technologies.--The term ``fire-protected 
                tank'' includes any tank with a capacity of not more 
                than 12,000 gallons that uses technologies developed 
                after the date of the enactment of this Act and that 
                provides protection against fire, and protection of the 
                environment, that is equivalent or superior (as 
                determined by the Administrator) to the protection 
                provided by a tank meeting the requirements of 
                subparagraph (A).
                    (D) Application of protection material on new 
                tanks.--In the case of a tank brought into use after 
                the date of the enactment of this Act, the tank shall 
                be considered a fire-protected tank only if the 
                protection material required by industry and model fire 
                codes is fully applied or installed on the inner 
                storage tank at the manufacturing site prior to 
                inspection and testing for release and shipment.
                    (E) Flash point defined.--As used in this 
                paragraph, the term ``flash point'' shall have the 
                meaning provided by the Administrator, determined in 
                accordance with--
                            (i) testing methods under the regulations 
                        on management standards for hazardous waste 
                        under subtitle C of the Solid Waste Disposal 
                        Act (42 U.S.C. 6921 et seq.); and
                            (ii) the model fire code requirements 
                        described in subparagraph (B).
            (13) Rebuilt tank.--The term ``rebuilt tank'' means an 
        aboveground storage tank that was in use, was disassembled, and 
        was subsequently erected elsewhere.
            (14) 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 the Solid Waste Disposal Act (42 
                U.S.C. 6921 et seq.)); and
                    (B) petroleum.
            (15) 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.
            (16) Secondary containment.--The term ``secondary 
        containment'' means a system that is used for release 
        prevention (including release prevention underneath the tank), 
        including any of the following:
                    (A) A system capable of catching and holding 110 
                percent of the full capacity of the tank and the 
                associated piping of the tank.
                    (B) A double-walled tank with appropriate venting 
                and double-walled piping.
                    (C) An external liner.
                    (D) A fire-protected tank, the secondary 
                containment portion of which is capable of retaining at 
                least 100 percent of the contents of the inner tank and 
                the associated piping of the inner tank.
                    (E) A system or structure constructed in such 
                manner that any release would be collected by a 
                drainage system or structure and routed to a waste 
                water treatment system with an appropriate permit 
                issued by the Adminstrator, plant recirculating process 
                system, or alternate containment system approved by the 
                Administrator.

SEC. 4. NOTIFICATION.

    (a) Aboveground Storage Tanks.--
            (1) In general.--
                    (A) Existing tanks.--Not later than 18 months after 
                the date of enactment of this Act, and every 2 years 
                thereafter, each owner of an aboveground storage tank 
                shall notify the State or local department or agency 
                designated pursuant to subsection (b) of the existence 
                of the aboveground storage tank. The notification shall 
                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 
                        Act, notify the State or local department or 
                        agency designated pursuant to subsection (b) of 
                        the existence of the tank.
                            (ii) Contents of notice.--The notice 
                        required under clause (i) shall specify each of 
                        the following, 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 it was taken out of operation.
                                    (III) The size, type, and location 
                                of the tank.
                                    (IV) The type and quantity of 
                                substances remaining in the tank on the 
                                date it was taken out of operation, or 
                                if the tank was cleaned and purged of 
                                residue after that date.
                                    (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 the extent of any 
                                known soil or ground water 
                                contamination.
                                    (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 of the tank into 
                use, and every 2 years thereafter, notify the State or 
                local department or agency designated pursuant to 
                subsection (b) of the existence of the tank, specifying 
                each of the following:
                            (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.
                            (v) The materials out of which the tank was 
                        constructed.
            (2) Exception.--Paragraph (1) shall not apply to hazardous 
        waste tanks 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 5(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.
            (5) Notice of petroleum release or spill.--Each owner of an 
        aboveground storage tank shall, immediately upon discovery, 
        notify the Administrator (or the State department or agency 
        designated under subsection (b) in the case of a State 
        exercising primary enforcement responsibility) of any spill or 
        other release of one barrel (42 gallons) or more of petroleum 
        from such tank.
    (b) Agency Designation.--Not later than 180 days after the date of 
enactment of this Act, the Governor of each State shall designate an 
appropriate department or agency of the State, or of a political 
subdivision of the State, to receive the notifications under paragraphs 
(1) and (5) of subsection (a).
    (c) Regulations.--Not later than 18 months after the date of 
enactment of this Act, 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 of the requirements 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 2 years after the date of enactment of this Act.
    (e) Fees.--
            (1) In general.--Each notice submitted under paragraph (1) 
        of subsection (a) shall be accompanied by the payment of a fee 
        payable to the department or agency designated under subsection 
        (b). The amount of the fee shall be determined in accordance 
        with the following schedule:

      

------------------------------------------------------------------------
                                                                 Total  
                     Total tank capacity                       amount of
                                                                  fee   
------------------------------------------------------------------------
0 to 42,000 gallons..........................................        $50
42,001 to 100,000 gallons....................................        100
100,001 to 1,000,000 gallons.................................        200
1,000,001 to 10,000,000 gallons..............................        500
10,000,001 or more gallons...................................      1,000
------------------------------------------------------------------------

            (2) Use of fees.--The fees collected under this subsection 
        shall be used for any or all of the following:
            (A) To conduct training for inspection personnel on 
        environmental and fire protection factors relating to tank 
        safety.
            (B) To fund the costs of the department or agency of 
        administering notification and inspection requirements under 
        this section.
            (C) To fund research approved by the Administrator to 
        determine methods for better assessing and remedying soil and 
        water contamination from leaking aboveground storage tanks.
            (D) To reimburse departments and agencies of States and 
        departments and agencies of political subdivisions of States 
        for the reasonable costs of responding to, and overseeing the 
        cleanup or abatement of, any incident or disaster involving an 
        aboveground storage tank spill or release.
    (f) Applicability to Certain Fire-Protected Tanks.--Notwithstanding 
section 3(1)(B)(vii), the notification provisions of this section shall 
apply to fire-protected tanks under the jurisdiction of a fire 
regulatory authority of a State or of a political subdivision of a 
State.
    (g) Applicability to Production Tanks.--Notwithstanding section 
3(1)(B)(viii), the notification provisions of this section, other than 
subsection (e), shall apply to production tanks.

SEC. 5. RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS AND 
              INSPECTION REQUIREMENT.

    (a) Regulations.--Not later than 6 months before the applicable 
effective date specified in subsection (g), the Administrator, after 
providing notice and opportunity for public comment, including 
convening a public meeting, 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) In general.--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 the regulations for aboveground 
                storage tanks containing other regulated substances.
            (2) Factors.--In making the distinctions described in 
        paragraph (1), the Administrator may take into consideration 
        each of the following factors:
                    (A) Location of tanks.
                    (B) Soil and climate conditions.
                    (C) Uses of tanks.
                    (D) History of maintenance of tanks.
                    (E) 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) Sizes of tanks.
                    (L) Quantity of regulated substances periodically 
                deposited in or dispensed from tanks.
                    (M) Technical capability of owners and operators.
                    (N) 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 each of the following, with respect to all aboveground 
storage tanks:
            (1) Release detection system.--Requirements for maintaining 
        a release detection system for the facility at which the tank 
        is located or a comparable system or method designed to 
        identify releases in a manner consistent with the protection of 
        human health and the environment.
            (2) Recordkeeping.--Requirements for maintaining records of 
        any monitoring or release detection system or inventory control 
        system (and tank testing) or comparable system.
            (3) Prevention of releases.--Requirements for 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 tanks that cannot be 
                        entered;
                    (D) corrosion protection of tank bottoms in contact 
                with the ground;
                    (E) labeling of tanks; and
                    (F) spill and overfill prevention devices and 
                containment and recovery procedures.
            (4) Reporting of releases.--Requirements for reporting of 
        releases and corrective action taken in response to a release 
        (including reporting to the national response center 
        established pursuant to the Federal Water Pollution Control Act 
        (33 U.S.C. 1251 et seq.)), except for those releases required 
        to be reported under any other provision of Federal law.
            (5) Corrective action.--Requirements for taking corrective 
        action in response to a release, including the recovery of 
        petroleum for reuse, in any case in which the recovery is 
        practicable.
            (6) Tank closure.--Requirements for the closure of a tank 
        from which a release has occurred in order to prevent another 
        release from occurring.
            (7) Upgrading certain tanks.--Requirements for the 
        upgrading of existing tanks (in existence on the date of the 
        enactment of this Act), including the upgrading of associated 
        piping, to new tank performance standards promulgated pursuant 
        to subsection (e) not later than 10 years after the date of 
        enactment of this Act. The requirements shall include a 
        requirement that any underground piping associated with a tank 
        in existence on the date of promulgation of the regulations 
        shall be moved above ground at the time the tank is upgraded 
        unless moving the piping is infeasible because of road layouts 
        or other similar obstacles.
            (8) Financial responsibility.--Requirements for 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).
            (9) Soil and ground water assessment.--In any case in which 
        a fire-protected tank is located at a facility with a 
        cumulative tank capacity of more than 42,000 gallons, or in 
        which any unprotected tank is located at a facility with a 
        cumulative tank 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 (33 U.S.C. 1251 et seq.) and to 
                the department or agency of the State or department 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 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 a 
                term of an insurance policy or any other contractual 
                term, condition, or defense as necessary for, or as 
                unacceptable for, the establishment of evidence of 
                financial responsibility in order to carry out this 
                Act.
            (2) Bankruptcy.--
                    (A) In general.--If the owner or operator is in 
                bankruptcy, reorganization, or arrangement, pursuant to 
                the Federal Bankruptcy Code (11 U.S.C. 1 et seq.), or 
                if, with reasonable 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 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 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 amount of 
                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 liability under the comprehensive 
                environmental response, compensation, and liability act 
                of 1980.--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 
                or 9611), 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 
                        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, 
                                refining, transportation, or marketing; 
                                and
                                    (II) are not used to handle 
                                substantial 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 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 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 community and 
                        affected natural resources;
                            (iv) the availability to owners and 
                        operators 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 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 
                                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 suspension of 
                        enforcement by the Administrator pursuant to 
                        this paragraph shall be for a period not to 
                        exceed 180 days after the date on which the 
                        Administrator suspends enforcement.
                            (iii) Extension.--A determination to 
                        suspend enforcement may be made with respect 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 substantial 
                                progress 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) Coordination with upgrading.--In promulgating 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 
        financial 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 financial responsibility for an owner 
        or operator under this subsection.
    (e) New Tank Performance Standards.--
            (1) In general.--Not later than 3 months 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 and associated piping shall include 
        design, construction, installation, maintenance, inspection, 
        secondary containment, labeling, corrosion protection, 
        integrity, and compatibility standards. The performance 
        standards also shall include a requirement that any piping 
        associated with new aboveground storage tanks shall be situated 
        aboveground, except where infeasible because of road layouts or 
        other similar obstacles.
            (3) Place of assembly.--The Administrator shall consider 
        the differences between shop-fabricated and field-erected tanks 
        in issuing the standards.
    (f) Rebuilt Tank Performance Standards.--
            (1) In general.--Not later than 3 months before the 
        applicable effective date specified in subsection (g), the 
        Administrator shall issue performance and testing 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, 
        inspection, 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 3(14)(B), 
        regulations issued pursuant 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 
        enactment of this Act.
            (2) Nonpetroleum tanks.--For aboveground storage tanks 
        containing regulated substances defined in section 3(14)(A)--
                    (A) standards issued pursuant to subsections (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 subsections (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 beginning 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 
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 in compliance with applicable fire codes; and
            (3) is made of a material, used in the construction or 
        lining, that is compatible with the substance to be stored.
    (i) Environmental Protection Agency Response Program.--
            (1) Applicability.--This subsection shall apply to all 
        regulated substances that are not subject to cleanup response 
        requirements under the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 and that are released 
        from an aboveground tank, including, notwithstanding section 
        3(1)(B)(vii), any fire-protected tank under the jurisdiction of 
        State or local fire regulatory authorities.
            (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 or political 
                        subdivision pursuant to paragraph (7)) may--
                                    (I) require the owner or operator 
                                to undertake corrective action with 
                                respect to a release when the 
                                Administrator (or the State or 
                                political subdivision 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 
                                political subdivision 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 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 or political 
                        subdivision 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 
                                determined by the Administrator); and
                                    (II) capable of undertaking 
                                corrective action in a manner that is 
                                satisfactory to the Administrator (or 
                                the State or political subdivision 
                                pursuant to paragraph (7)).
                    (B) After regulations.--After the effective date of 
                regulations issued pursuant to subsection (c) all 
                actions or orders of the Administrator (or a State or 
                political subdivision pursuant to paragraph (7)) 
                described in subparagraph (A) shall conform to the 
                regulations. After the effective date of such 
                regulations the Administrator (or the State or 
                political subdivision 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 subdivision 
                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 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 
                        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 section 
                        8, 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 or political subdivision 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 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 issued and enforced in 
                the same manner and subject 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 subdivision pursuant to paragraph 
                (7)) under paragraph (2) shall include--
                            (i) measures to contain the release;
                            (ii) measures to prevent additional 
                        releases;
                            (iii) water and air quality monitoring;
                            (iv) the temporary or permanent relocation 
                        of residents;
                            (v) the provision of alternative household 
                        water supplies or treatment of supplies;
                            (vi) the recovery of the regulated 
                        substance 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 agreement with a State or political 
                        subdivision pursuant to paragraph (7).
                            (ii) Costs.--The costs of the exposure 
                        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 immediate hazards or 
                        reduce exposure.
            (6) Recovery of costs.--
                    (A) In general.--
                            (i) Liability for a cost.--Whenever a cost 
                        has been incurred by the Administrator (or by a 
                        State or political subdivision 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 or political 
                        subdivision 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 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 or political subdivision 
                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) Indemnification agreements.--
                            (i) Agreements not prohibited.--Nothing in 
                        this Act prohibits any agreement to ensure, 
                        hold harmless, or indemnify a party to such 
                        agreement for any liability under this Act.
                            (ii) Liability not transferred.--No 
                        indemnification, hold harmless, or similar 
                        agreement or conveyance shall be effective 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 reason of subrogation or 
                        otherwise, against any person.
            (7) State and political subdivision authorities.--
                    (A) In general.--A State, and any political 
                subdivision of a State, may exercise the authorities 
                described in paragraph (2), subject to the terms and 
                conditions of paragraphs (3), (5), (9), and (11), and 
                including the authorities described 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 
                        capable 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 
                        actions to be undertaken by the State or 
                        political subdivision.
                    (B) Cost share.--
                            (i) In general.--After the effective date 
                        of regulations issued pursuant to subsection 
                        (c), and subject to clause (ii), the State or 
                        political subdivision shall pay 10 percent of 
                        the cost of each corrective action undertaken 
                        by the Administrator or by the State or 
                        political subdivision under a cooperative 
                        agreement described in subparagraph (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 Administrator 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 subsection.
            (9) Facilities without financial responsibility.--
                    (A) Authorities of administrator.--At a facility 
                with respect to which 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 8 to 
                order corrective action to clean up any release at the 
                facility.
                    (B) Authorities of states and political 
                subdivisions.--A State or political subdivision 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.--Notwithstanding this 
                subparagraphs (A) and (B), 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 is intended to prevent the Administrator (or 
                a State or political subdivision pursuant to paragraph 
                (7)) from taking corrective action at a facility if the 
                Administrator (or State or political subdivision) 
                determines that--
                            (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) Public participation.--Before undertaking 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 notice to the public and an opportunity for public 
        comment 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 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.
    (j) Inspections.--The Administrator (or the State in the case of a 
State exercising primary enforcement responsibility) shall inspect 
aboveground storage tanks and related facilities for the purposes of 
administering and enforcing 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.                          
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 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 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 corresponding 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 
                        subsections (e) and (f) of section 5; and
                            (iii) requirements--
                                    (I) for notifying the appropriate 
                                department or agency designated 
                                according to section 4(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 4(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 that meets the requirements 
        of subsection (a), the Administrator may approve the State 
        program without regard to whether the implementation by the 
        State of the requirements under paragraphs (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 
        beginning 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 
responsibility. 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 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, 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 Administrator 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, requirement, or 
        standard of performance respecting aboveground 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 respect to a 
        release within the State or political subdivision.

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 aboveground storage 
                tank (or a tank subject to study under section 10) 
                shall, upon request of an officer, employee, or 
                representative of the Environmental 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 
                                action; and
                    (B) an officer, employee, or representative may 
                referred to in subparagraph (A)--
                            (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 upon 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 referred to in clause 
                        (i) 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 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 separately 
                        from other data submitted under this Act.
                    (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 not subject to 
        section 1905 of title 18, United States Code, who knowingly and 
        willfully divulges or discloses 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 committees.--
        Notwithstanding any limitation under 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, upon written request.

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 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 
                an aboveground storage tank is located until the 
                Administrator (or the State if a State program has been 
                approved 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 requirement of 
        this Act occurs in a State with a program approved pursuant to 
        section 6, 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 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. Upon receipt of 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 4(a) shall be subject to a civil penalty not to 
        exceed $10,000 for each tank with respect to 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 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 Requirements.--
            (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 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).
                    (B) Requirements.--The Federal, State, interstate, 
                and local substantive and procedural requirements 
                referred to in this paragraph include, but are not 
                limited to, all administrative orders and all civil and 
                administrative penalties and fines, regardless of 
                whether such penalties or fines are punitive or 
                coercive in nature or are imposed for isolated, 
                intermittent, or continuing violations.
                    (C) Waiver.--The United States hereby expressly 
                waives any immunity otherwise applicable to the United 
                States with respect to any such substantive or 
                procedural requirement (including, but not limited to, 
                any injunctive relief, administrative order, or civil 
                or administrative penalty or fine referred to in 
                subparagraph (B), or reasonable service charge). The 
                reasonable service charges referred to in this 
                paragraph include, but are not limited to, fees or 
                charges assessed in connection with the review of 
                plans, studies, and other documents, and inspection and 
                monitoring of facilities, as well as any other 
                nondiscriminatory charges that are assessed in 
                connection with a Federal, State, interstate, or local 
                aboveground storage tank regulatory program.
            (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.
            (3) Individual liability.--
                    (A) In general.--No agent, employee, or officer of 
                the United States shall be personally liable for any 
                civil penalty under any Federal, State, interstate, or 
                local aboveground storage tank law with respect to any 
                act or omission within the scope of the official duties 
                of the agent, employee, or officer.
                    (B) Criminal penalties.--An agent, employee, or 
                officer of the United States shall be subject to any 
                criminal sanction (including, but not limited to, any 
                fine or imprisonment) under any Federal or State 
                aboveground storage tank law, but no department, 
                agency, or instrumentality of the executive, 
                legislative, or judicial branch of the Federal 
                Government shall be subject to any such sanction.
    (b) Administrative Enforcement Actions.--
            (1) In general.--The Administrator may commence an 
        administrative enforcement action against any department, 
        agency, or instrumentality of the executive, legislative, or 
        judicial branch of the Federal Government pursuant to the 
        enforcement authorities contained in this Act. The 
        Administrator 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) Opportunity to confer.--No administrative order issued 
        to such a department, agency, or instrumentality shall become 
        final until such department, agency, or instrumentality has had 
        the opportunity to confer with the Administrator.
    (c) Limitation on State Use of Funds Collected 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 referred to in subsection (a) 
shall be used by the State only for projects designed to improve or 
protect the environment 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, agency, or instrumentality in the 
        executive branch from compliance with a requirement referred to 
        in subsection (a) 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 in excess of 1 year, but additional 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 exemptions 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 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 Act, 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 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 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.--Upon completion of the studies required under 
subsections (a) and (b), the Administrator shall submit reports to the 
President and to Congress containing--
            (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 regulated by the Environmental 
        Protection Agency for the purposes referred to in this 
        sentence.
            (2) Report.--Upon completion of the study required under 
        paragraph (1), the Comptroller General 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 PROGRAM.

    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 underground 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 authorized to be 
appropriated such sums as are necessary to carry out this Act.

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