[Congressional Record Volume 142, Number 11 (Friday, January 26, 1996)]
[Senate]
[Pages S506-S509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROBB (for himself, Mr. Daschle, and Mr. Simpson):
  S. 1537. 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; to the Committee on Environment and Public 
Works.


 the aboveground storage tank consolidation and regulatory improvement 
                                  act

 Mr. ROBB. Mr. President, I introduce legislation to address an 
important gap in Federal environmental law: The regulation of 
underground releases from aboveground storage tanks.
  With this bill, we have an opportunity to work together with both 
industry and environmental groups to reform the Federal AST--
aboveground storage tank--program, reduce the regulatory burden on 
industry, and improve the environment. Following efforts in the 103d 
Congress to improve the safety of AST's, I am introducing the 
Aboveground Storage Tank Consolidation and Regulatory Improvement Act.
  For the past 6 years, those of us who live in northern Virginia have 
received an education on just how flawed the current Federal law is.
  In September 1990, a petroleum sheen was discovered in a neighborhood 
creek in the Mantua-Stockbridge community in Fairfax County, VA.
  It was the beginning of a continuing nightmare for a number of local 
residents, who have had to live with the knowledge that more than 
200,000 gallons of petroleum product-diesel oil, jet fuel and gasoline 
has leaked from the nearby Pickett Road tank farm.
  The exact size of the leak, and its precise causes, are still 
unknown. What we have seen however, is the fallout: negative health 
effects, environmental damage, and needless losses of millions of 
dollars. Some residents were temporarily relocated, others have simply 
moved, and still others continue to live with a cloud over their heads. 
All of these residents are still wondering when the Federal Government 
will move to address the issue of leaking aboveground storage tanks.
  To date, Star Enterprise, a Texaco affiliate, has expended in excess 
of $100 million in remediation costs, real estate transactions, 
settlement of claims, and compliance with new State AST requirements.
  Fairfax County has had to spend $500,000 to provide enforcement, 
oversight and community relations regarding the Pickett Road tank farm 
incident.
  Unfortunately, problems with leaking AST's are not restricted to 
northern Virginia. Across the Nation, there are hundreds of similar 
leaks from aboveground petroleum storage tanks.
  Major petroleum releases have occurred in Anchorage, AK; Torrance, 
CA; Port Everglades, FL; Hartford IL; Granger, IN; Cattlettsburg, KY; 
Charlotte, NC; Sparks, NV; Paulsboro, NJ; Syracuse, NY; Greensboro, NC; 
Ponca City, OK; Philadelphia, PA; Spartanburg, SC; Austin, TX; and 
Tacoma, WA.
  At least five involve releases larger than the Exxon Valdez oil 
tanker catastrophe.
  Whereas the Exxon Valdez spilled some 11 million gallons of oil, 
aboveground tanks in El Segundo, CA have released between 84 and 252 
million gallons.
  In Martinez, CA, 28 million gallons have been released.
  A Tulsa, OK facility has released between 25 and 28 million gallons, 
and a Whiting, IN facility released 17 million gallons.
  In Brooklyn, NY, residents are sitting on top of a 13 to million 
gallon release.
  According to the Environmental Defense Fund [EDF], between 20 and 25 
percent of AST's nationwide and their associated piping are likely to 
be leaking. A July 1994 American Petroleum Institute industry survey 
showed that over 85 percent of monitored refining and marketing 
facilities have confirmed ground water contamination; of the facilities 
with ground water contamination, a high percentage have off-site 
contamination--44 percent of refineries, at least 35 percent of 
marketing facilities, and 27 percent of transportation facilities.
  A 1995 General Accounting Office [GAO] study on aboveground oil 
storage tanks that I requested, reported that EPA has found leaks 
typically originate from the bases of tanks where contact with soil 
causes corrosion; from underground piping; and from overflows 
associated with the transfer of stored product.
  On the basis of age, the likelihood of developing corrosion leaks, 
and leak detection thresholds, EPA's preliminary estimates show that 
AST's with a storage capacity in excess of 42,000 gallons could be 
leaking between 43 million and 54 million gallons of oil annually.
  Because petroleum contracts and expands as temperatures vary, it is 
often difficult to detect leaks. And because petroleum is relatively 
cheap, it is often less expensive to allow a known leak to continue 
than to interrupt operations and make a repair.
  Because AST leaks are often slow and underground, they frequently do 
not receive the attention of the big oil tanker catastrophes, but are 
nonetheless dangerous.
  Petroleum releases can present serious health, safety, and 
environmental risks. Petroleum, including gasoline, contains extremely 
toxic compounds, like benzene.
  A plume of petroleum product can seep into basements and sewers, 
reaching toxic levels and causing explosions and the threat of fire.

  In addition, leaking AST's can permanently contaminate groundwater, a 
source of drinking water for more than half the Nation. And in many 
cases, groundwater contamination will inevitably lead to surface water 
contamination.
  While the extent of injuries is unknown, the 1995 GAO study reported 
that most injuries to human beings from exposure to oil have occurred 
as a result of inhaling its vapors. Effects on humans from exposure to 
petroleum include everything from lethargy, dizziness, and convulsions 
to coma, blood cancers (such as leukemia) and generalized suppression 
of the immune system from chronic exposure by inhalation.
  And we know now that these threats present unique challenges for 
sensitive subpopulations such as infants, pregnant women, the elderly, 
and those with AIDS and other debilitating diseases.
  What is astounding is that where underground storage tanks are highly 
regulated by a comprehensive Federal program, aboveground storage 
tanks, used to store some 100 billion gallons of oil nationwide, are 
only loosely regulated by a patchwork of confusing Federal regulations. 
In many cases, State fire codes regulate AST's.
  State authorities are beginning to take notice of the leaking AST 
problem, but only 20 States have regulations on the books, and only 5 
of these currently require genuine secondary containment, such as a 
double bottom or liner under a tank or piping.
  Unfortunately, State programs vary widely and present problems for 
tank owners with multistate operations.
  This is an enormous problem today; and it will likely continue to 
grow as storage tank owners seek to exploit the gaps in current Federal 
law by acquiring AST's over the more highly regulated underground 
storage tanks.
  According to a January 1993 survey conducted by the Steel Tank 
Institute, new tank purchases of aboveground tanks are running ahead of 
underground tanks by a 5:2 ratio. And according to many State 
regulators and industry experts, this trend is continuing into the 
future.
  This is troublesome from an environmental standpoint, and also from a 
fire safety perspective since aboveground tanks pose a much greater 
risk of fire hazard than underground tanks.
  In 1989, the GAO conducted a study of inland oil spills and found 
existing laws deficient. In its report GAO proposed seven 
recommendations to EPA that if implemented, would improve the safety of 
aboveground oil storage tanks.
  In 1995, Senator Daschle, Representative Moran, and I asked GAO to 
investigate the progress of EPA's implementation of the 
recommendations. This report found that overall EPA has failed to 
implement or take any action on the majority of the recommendations.
  At the most elementary level, current law does not even require 
comprehensive data collection or reporting 

[[Page S507]]
to know exactly how many aboveground storage tanks are leaking.
  In the 103d Congress, I sponsored legislation that would have 
established a comprehensive regulatory program for AST's and I 
cosponsored legislation offered by the distinguished Senator from South 
Dakota, Senator Daschle, to regulate the estimated 800,000 to 900,000 
petroleum aboveground tanks, nationwide.
  Residents in Senator Daschle's home State were victims in 1987 of a 
disastrous 20,000-gallon leak in which an elementary school had to be 
evacuated and abandoned after vapors began filtering up into the 
building.
  AST's are largely unregulated by Federal law; no single statute fully 
addresses prevention and cleanup of petroleum releases.
  The legislation I am introducing today in the Senate, and will be 
introduced by Representatives Jim Moran and Tom Davis in the House, 
takes a new approach to dealing with leaking AST's, but maintains the 
goal of improving the safety of aboveground storage tanks.
  The problem of leaking AST's has been gaining national attention. In 
the last 5 years, EPA has conducted studies and consulted with industry 
experts to better define the causes of AST leaks of petroleum; more 
States have begun to contemplate AST programs; and the petroleum 
industry has recently issued standards for aboveground storage tanks.
  In developing Federal legislation for the 104th Congress we moved 
away from the idea of a comprehensive regulatory program for 
aboveground storage tanks. Instead, the bill seeks to enhance, not 
duplicate efforts undertaken by States and the petroleum industry to 
improve AST safety.
  There is a patchwork of AST regulations and no less than five Federal 
offices with AST responsibilities. This is confusing to tank owners, 
costly to taxpayers and harmful to the environment.
  Tank owners and operators need to have clear, concise guidance on how 
to comply with Federal regulations.
  This new legislative proposal replaces the need for comprehensive 
reform; instead, it improves the organization of the current program 
and allows EPA to do more with less, while permitting tank owners the 
opportunity to embrace the newly developed industry standards.
  Reform in the Federal program will improve the effectiveness of 
current regulations, lead to greater prevention and containment of 
releases from AST's and improve the environment.
  Prevention is the key to avoiding costly and damaging petroleum 
releases.
  Specifically, the bill will:
  Consolidate all of the Federal offices responsible for AST regulation 
into one office at EPA. This will increase efficiency and improve 
organization at EPA;
  Require EPA to consolidate and streamline the current AST program. 
These steps will eliminate duplicative and conflicting regulations, 
create a user-friendly aboveground storage tank program and promote 
prevention measures such as secondary containment and corrosion 
protection;
  After consolidation, the bill allows EPA to correct gaps in the 
regulation of large--42,000 gallons and above--aboveground petroleum 
tanks and encourage prevention with narrow regulations based on 
industry standards and cost-benefit analysis; and
  Require reporting of releases and give limited emergency powers to 
the EPA Administrator to better assist tank owners and operators with 
speedier cleanups.
  Should a petroleum release occur, the bill gives EPA the authority to 
close the troublesome part of the storage tank facility, prohibiting 
further operation until the Administrator determines that the closure 
is not necessary to protect human health, public safety, or the 
environment.
  That is to say, after a release, the burden shifts to the tank owner 
to cease operations until it can prove there is no ongoing threat.
  The citizens in Fairfax were outraged when told that EPA lacked such 
authority; this bill provides it. These provisions are essential to 
provide predictability and peace of mind to residents living near large 
aboveground storage tanks that store petroleum.
  With reform of the Federal program it is estimated that $17.4 billion 
in savings will result from reduced leak cleanup costs, saved petroleum 
product, and decreased costs associated with compensating affected 
residents.
  This bill has been developed with the guidance and support of a 
diverse coalition of industry and environmental groups because it is a 
common sense proposal to regulatory reform.
  Although the bill could easily be incorporated into Clean Water Act 
reauthorization or Superfund reform legislation, I think the problem is 
of sufficient magnitude that the bill can and should move on its own. 
With the bill's broad support, I don't see a need to have it hung up in 
the complexity of reauthorization of the larger environmental statutes.
  It is my hope that the introduction of this legislation today will 
help move this issue forward.
  I would like to thank Senators Daschle and Simpson for their 
leadership on this issue. As original cosponsors, they have contributed 
greatly to my effort to reach consensus on this issue.
  We have tried to offer a more targeted version of earlier 
legislation, which will impose less cost on business, and pose less 
political obstacles, but still get to the heart of the problem: The 
large marketing and refining facilities which hold the potential for 
environmental catastrophe.
  In closing, Mr. President, I think the time has come to write the 
Aboveground Storage Tank Consolidation and Regulatory Improvement Act 
into law.
  The County of Fairfax, VA, has recently voted to endorse this bill 
because it is convinced that this legislation is necessary to prevent 
or reduce the impact of similar releases of petroleum in the future. I 
have a letter of support for the bill from the Fairfax County Board of 
Supervisors and I request unanimous consent that it be included in the 
Record.
  I look forward to working with my Senate colleagues and with the 
chairman of the relevant congressional committees to make this 
legislation a reality.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1537

       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.
     
[[Page S508]]

       (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 

[[Page S509]]
     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.
                                                                    ____

                                         Commonwealth of Virginia,


                                            County of Fairfax,

                                    Fairfax, VA, January 25, 1996.
     Hon. Charles S. Robb,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Chuck Robb: Fairfax County is aware that legislation 
     entitled ``The Aboveground Storage Tank Consolidation and 
     Regulatory Improvement Act of 1995'' is to be introduced in 
     the United States Congress in the very near future. It is the 
     County's impression that this bill is designed to consolidate 
     authorities and regulatory functions associated with both 
     aboveground and underground storage tanks for the purpose of 
     strengthening oversight and enforcement, as well as to 
     improve upon the development of regulations for those 
     facilities. We believe that the legislation as proposed has 
     the potential to positively impact the organization and focus 
     of responsibilities and authorities pertinent to the 
     regulation of storage tanks.
       Fairfax County is home to more than 20,000 commercial and 
     residential aboveground and underground storage tanks. During 
     the last several years the County has had first-hand 
     experience with the potential impacts these facilities pose 
     on public health, safety, and the environment. It has become 
     evident to the County that more focused, concise, and 
     adequate oversight is required to both prevent and correct 
     potential problems associated with storage tank facilities. 
     This view is supported by the County's experiences with the 
     hundreds of leaking underground storage tanks and the more 
     notable problems of the Fairax Bulk Petroleum Terminal 
     release in which over 189,000 gallons of petroleum was 
     discharged into the groundwater traveling into the 
     neighboring Mantua/Stockbridge residential community. The 
     proposed legislation provides the potential for a more 
     focused approach which might prevent or reduce the impact of 
     similar events in the future.
       On behalf of the citizens of Fairfax County, the Board of 
     Supervisors urges the members of Congress to seriously 
     consider the benefits of the proposed legislation. ``The 
     Aboveground Storage Tank Consolidation and Regulatory 
     Improvement Act of 1995'' and provide the appropriate support 
     to ensure its enactment during the current legislative 
     session. If the County or its staff can be of further 
     assistance with this matter, please do not hesitate to 
     contact me. Your consideration of the County's position is 
     appreciated.
           Sincerely,
                                              Katherine K. Hanley,
                                                 Chairman.
                                 ______