[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1537 Introduced in Senate (IS)]

  2d Session
                                S. 1537

To require the Administrator of the Environmental Protection Agency to 
issue a regulation that consolidates all environmental laws and health 
   and safety laws applicable to the construction, maintenance, and 
    operation of aboveground storage tanks, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 1996

  Mr. Robb (for himself, Mr. Daschle, and Mr. Simpson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
issue a regulation that consolidates all environmental laws and health 
   and safety laws applicable to the construction, maintenance, and 
    operation of aboveground storage tanks, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aboveground Storage Tank 
Consolidation and Regulatory Improvement Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) improvement of Federal regulation of aboveground 
        storage tanks will lead to greater prevention and containment 
        of releases from aboveground storage tanks and improvement of 
        the environment;
            (2) the Administrator of the Environmental Protection 
        Agency has not fully implemented any of the 7 recommendations 
        made in the 1989 report of the General Accounting Office on 
        inland oil spills;
            (3) consolidation of Federal aboveground storage tank 
        provisions will lead to simplification of the regulatory 
        program and will allow the Administrator to eliminate 
        duplication and conflicting aboveground storage tank 
        regulations; and
            (4) in order to promote environmental protection, 
        aboveground storage tank secondary containment structures 
        should meet a minimum permeability standard.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to promote protection of the environment;
            (2) to streamline the offices in the Environmental 
        Protection Agency and other departments and agencies that 
        administer laws governing aboveground storage tanks and 
        underground storage tanks;
            (3) to consolidate the laws governing aboveground storage 
        tanks and eliminate duplicative regulations; and
            (4) to encourage release prevention and fire protection 
        measures in the operation of aboveground storage tanks.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Aboveground petroleum storage tank.--The term 
        ``aboveground petroleum storage tank''--
                    (A) means an aboveground storage tank that--
                            (i) has a capacity of 42,000 gallons or 
                        more; and
                            (ii) is or was at any time used to contain 
                        any accumulation of a regulated petroleum 
                        substance; but
                    (B) does not include an aboveground storage tank 
                that is used directly in the production of crude oil or 
                natural gas.
            (2) Aboveground storage tank.--The term ``aboveground 
        storage tank''--
                    (A) means a stationary tank, including underground 
                pipes and dispensing systems connected to the 
                stationary tank within the facility in which the 
                stationary tank is located, that is or was at any time 
                used to contain an accumulation of a regulated 
                substance, the volume of which tank (including the 
                volume of all piping within the facility) is greater 
                than 90 percent above ground; and
                    (B) includes any tank that is capable of being 
                visually inspected; but
                    (C) does not include--
                            (i) a surface impoundment, pit, pond, or 
                        lagoon;
                            (ii) a storm water or wastewater collection 
                        system;
                            (iii) a flow-through process tank 
                        (including a pressure vessel or process vessel 
                        and oil and water separators);
                            (iv) an intermediate bulk container or 
                        similar tank that may be moved within a 
                        facility;
                            (v) a tank that is regulated under the 
                        Surface Mining Control and Reclamation Act of 
                        1977 (30 U.S.C. 1201 et seq.);
                            (vi) a tank that is used for the storage of 
                        products regulated under the Federal Food, 
                        Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
                            (vii) a tank (including piping and 
                        collection and treatment systems) that is used 
                        in the management of leachate, methane gas, or 
                        methane gas condensate, unless the tank is used 
                        for storage of a regulated substance;
                            (viii) a tank that is used to store propane 
                        gas;
                            (ix) any other tank excluded by the 
                        Administrator by regulation issued under this 
                        Act; or
                            (x) any pipe that is connected to a tank or 
                        other facility described in this subparagraph.
            (3) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (4) Director.--The term ``Director'' means the Director of 
        the Office.
            (5) Environmental law.--The term ``environmental law'' 
        means 1 of the following statutes (and includes a regulation 
        issued under any such statute):
                    (A) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (B) The Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (C) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.).
                    (D) The Oil Pollution Act of 1990 (33 U.S.C. 2701 
                et seq.).
                    (E) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).
                    (F) Any other statute administered by the 
                Administrator.
            (6) Model fire code.--The term ``model fire code'' means--
                    (A) fire code 30 or 30-a issued by the National 
                Fire Protection Association;
                    (B) the fire code issued by the Uniform Fire Code 
                Institute;
                    (C) the fire code issued by the Southern Building 
                Code Congress International; or
                    (D) the fire code issued by the Building Offices 
                and Code Administrators International.
            (7) Office.--The term ``Office'' means the Office of 
        Storage Tanks established by section 5(a).
            (8) Petroleum.--The term ``petroleum'' means--
                    (A) crude oil; and
                    (B) any fraction of crude oil that is liquid at 
                standard conditions of temperature and pressure (60 
                degrees Fahrenheit and 14.7 pounds per square inch 
                absolute).
            (9) Regulated petroleum substance.--The term ``regulated 
        petroleum substance'' means--
                    (A) petroleum; and
                    (B) a petroleum-based substance comprised of a 
                complex blend of hydrocarbons derived from crude oil 
                through processes of separation, conversion, upgrading 
                and finishing, such as a motor fuel, jet fuel, 
                distillate fuel oil, residual fuel oil, lubricant, 
                petroleum solvent, or used or waste oil.
            (10) Regulated substance.--The term ``regulated substance'' 
        means--
                    (A) a substance (as defined in section 101 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601)), but not 
                including a substance that is regulated as a hazardous 
                waste under subtitle C of the Solid Waste Disposal Act 
                (42 U.S.C. 6921 et seq.); and
                    (B) a regulated petroleum substance.
            (11) Underground storage tank.--The term ``underground 
        storage tank'' has the meaning stated in section 9001 of the 
        Solid Waste Disposal Act (42 U.S.C. 6991).

SEC. 5. CONSOLIDATION OF OFFICES.

    (a) Office of Storage Tanks.--
            (1) Establishment.--The Office of Underground Storage Tanks 
        of the Environmental Protection Agency is redesignated and 
        established as the Office of Storage Tanks.
            (2) Director.--The Office shall be headed by a Director 
        appointed by the Administrator.
            (3) Functions.--The Director shall perform--
                    (A) the functions that were vested in the Director 
                of the Office of Underground Storage Tanks on the day 
                before the date of enactment of this Act; and
                    (B) the functions transferred to the Director (or 
                to the Administrator, acting through the Director) by 
                subsection (b).
    (b) Transfers of Authority.--
            (1) Intra-agency transfers.--There are transferred to the 
        Director all of the authorities of the following officers of 
        the Environmental Protection Agency, insofar as the authorities 
        relate to the regulation of aboveground storage tanks and 
        underground storage tanks under the environmental laws:
                    (A) The Assistant Administrator for Air.
                    (B) The Assistant Administrator for Water.
                    (C) The Director of the Office of Emergency and 
                Remedial Response.
                    (D) Any other officer to whom the Administrator has 
                delegated authority.
            (2) Transfer from the secretary of labor.--There are 
        transferred to the Administrator, acting through the Director, 
        all of the authorities of the Secretary of Labor, acting 
        through the Assistant Secretary for Occupational Safety and 
        Health, insofar as the authorities relate to the regulation of 
        aboveground storage tanks and underground storage tanks under 
        the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 
        et seq.) and section 126 of the Superfund Amendments and 
        Reauthorization Act of 1986 (Public Law 99-499; 29 U.S.C. 655 
        note).
            (3) Transfer from the secretary of transportation.--There 
        are transferred to the Administrator, acting through the 
        Director, all of the authorities of the Secretary of 
        Transportation, acting through the Administrator for Research 
        and Special Programs, acting through the Associate 
        Administrator for Pipeline Safety and the Associate 
        Administrator for Hazardous Materials Technology, insofar as 
        the authorities relate to the regulation of aboveground storage 
        tanks and underground storage tanks under chapter 601 of title 
        49, United States Code.
    (c) Transfer and Allocations of Appropriations and Personnel.--
There are transferred to the Environmental Protection Agency, in 
accordance with section 1531 of title 31, United States Code--
            (1) the assets, liabilities, contracts, property, records, 
        and unexpended balances of appropriations, authorizations, 
        allocations, and other funds employed, used, held, arising 
        from, available to, or to be made available in connection with 
        the functions transferred by subsection (b) (2) and (3); and
            (2)(A) the personnel employed in connection with those 
        functions; or
            (B) the amount of unexpended balances of appropriations 
        necessary to enable the Administrator to employ persons in the 
        number of full time equivalent positions as the persons 
        employed in connection with those functions on the day before 
        the date of enactment of this Act,
as determined by the Director of the Office of Management and Budget, 
in consultation with the Administrator, the Secretary of Labor, and the 
Secretary of Transportation.

SEC. 6. CONSOLIDATION OF APPLICABLE LAWS.

    (a) Restatement in Consolidated Form.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Director, in consultation with the 
        States, shall evaluate all laws (including regulations) 
        administered by the Director and, after notice and opportunity 
        for public comment, issue a regulation that restates those laws 
        in consolidated form and streamlines, to the extent 
        practicable, the application of those laws to owners and 
        operators of aboveground storage tanks and underground storage 
        tanks.
            (2) Intent of congress.--In directing the Director in 
        paragraph (1) to restate the laws in consolidated form, it is 
        not the intent of Congress to direct or authorize the Director 
        to modify the requirements of those laws in any way, except as 
        necessary or appropriate to eliminate any duplication or 
        inconsistencies or to reduce any unnecessary regulatory burdens 
        and except as provided in subsections (b), (c), and (d).
    (b) Model Fire Codes.--The regulation under subsection (a) shall be 
consistent with and based on the model fire codes, as in effect on the 
date of enactment of this Act or as they may be amended.
    (c) Releases.--
            (1) Reporting requirements applicable to all aboveground 
        storage tanks.--The regulation under subsection (a) shall 
        require that an owner or operator of an aboveground storage 
        tank shall report a release of 42 gallons or more of a 
        regulated substance that occurs during a period of time 
        specified by the director, not to exceed 5 calendar days, 
        including a description of the corrective action taken in 
        response to the release, to the national response center 
        established under the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), unless the release is required to be 
        reported, and is reported, under other Federal law.
            (2) Orders applicable to aboveground storage tanks.--After 
        a release from an aboveground storage tank containing a 
        regulated substance that is determined to be an imminent threat 
        to human health, public safety, or the environment, the 
        Administrator may issue an order prohibiting the use or 
        operation of all or any portion of a storage tank farm within a 
        facility in which the aboveground petroleum storage tank is 
        located, until the Administrator determines that--
                    (A) the prohibition is not necessary to protect 
                human health, public safety, or the environment; or
                    (B) adequate corrective action has been taken, in 
                accordance with the law regulating corrective action 
                that is in effect on the date on which the 
                determination is made.
    (d) Correction of Deficiencies in the Law Applicable to Aboveground 
Petroleum Storage Tanks.--
            (1) Additional authority.--In addition to the authority 
        transferred to the Director by section 5(b), the Director shall 
        have authority to issue, and shall include in the regulation 
        under subsection (a), release detection, prevention, and 
        correction regulations applicable to owners and operators of 
        aboveground petroleum storage tanks, as necessary to protect 
        human health and the environment.
            (2) Correction of deficiencies.--In conducting the 
        evaluation of laws and issuing the regulation under subsection 
        (a), the Director shall--
                    (A) determine whether there are any deficiencies in 
                the law applicable to aboveground petroleum storage 
                tanks on the day before the date of enactment of this 
                Act, specifically with reference to secondary 
                containment, overfill prevention, testing, inspection, 
                compatibility, installation, corrosion protection, and 
                structural integrity of aboveground petroleum storage 
                tanks; and
                    (B) if the Director determines that any such 
                deficiencies exist--
                            (i) examine industry standards that address 
                        the deficiencies;
                            (ii) give substantial weight to industry 
                        standards in formulating the regulations 
                        required by paragraph (1); and
                            (iii) design the regulation in the most 
                        cost-effective manner to address the 
                        deficiencies.
    (e) Enforcement.--
            (1) In general.--The regulation under subsection (a) shall 
        make clear the statutory enforcement provisions and other 
        statutory provisions that apply to each provision of the 
        regulation.
            (2) Additional authority.--Any provision of the regulation 
        under subsection (c) or (d) that implements authority conferred 
        by this Act in addition to authority under law in effect on the 
        day before the date of enactment of this Act shall be enforced 
        under and in accordance with the procedures stated in section 
        9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e).

SEC. 7. REPORTS.

    (a) Interim Report.--Not later than 2 years after the date of 
enactment of this Act, the Director shall submit to Congress a report 
describing the progress made and any tentative conclusions drawn in the 
evaluation process under section 6(a)(1).
    (b) Final Report.--Simultaneously with the issuance of the 
regulation under section 6(a)(1), the Director shall submit to Congress 
a final report that--
            (1) describes the evaluation made and the regulation issued 
        under section 6(a)(1); and
            (2)(A) states the extent to which the regulation implements 
        the recommendations made in the 1989 report of the General 
        Accounting Office on inland oil spills and the 1995 report of 
        the General Accounting Office on the status of the 
        Environmental Protection Agency's efforts to improve the safety 
        of aboveground storage tanks; and
            (B) to the extent that the consolidated regulation does not 
        implement the recommendations, describes the Director's plans 
        regarding the recommendations.
                                 <all>
S 1537 IS----2