[Congressional Record Volume 142, Number 52 (Monday, April 22, 1996)]
[Extensions of Remarks]
[Page E596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EARTH DAY AND AST LEGISLATION

                                 ______


                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                         Monday, April 22, 1996

  Mr. MORAN. Mr. Speaker, today we commemorate the 26th anniversary of 
Earth Day and recommit ourselves to protecting and improving our 
environment. We celebrate the progress we have made in cleaning our air 
and our water. We recognize, however, that we still have much more to 
do to ensure that our natural resources are preserved and protected for 
future generations.
  It is in this spirit of protecting and preserving our environment 
that I rise today to introduce legislation that will provide greater 
protection for our ground and surface water against leaks from 
aboveground petroleum storage tanks [AST's]. Currently there are 
approximately half a million aboveground storage tanks located 
throughout this country. According to the Environmental Defense Fund 
[EDF], between 20 and 25 percent of AST's nationwide are leaking, 
posing threats to our ground water and surface water.
  In northern Virginia, we learned all too well the problems that 
leaking tanks can cause. In September 1990, a petroleum sheen was 
discovered in a neighborhood creek in a Fairfax, VA, community. It was 
the beginning of a continuing nightmare for a number of local 
residents, who had to live with the knowledge that more than 200,000 
gallons of petroleum products had seeped into their ground water and 
spread underneath their community, posing risks of fire and explosion. 
Home values plummeted, many people living in the community suffered 
from respiratory ailments, and Star Enterprise, a Texaco affiliate, 
spent more than $100 million cleaning the leak and settling claims.
  No one wants these leaks to occur. But, unfortunately they do. 
Problems with leaking AST's are not restricted to northern Virginia. 
Leaks have occurred across the Nation, from Anchorage, AK, to 
Everglades, FL.
  I have introduced comprehensive AST legislation in the past to 
address these leaks. In this session of Congress, I have moved away 
from the idea of a comprehensive regulatory program for AST's. Instead 
of duplicating efforts undertaken by States and the petroleum industry 
to improve AST safety, this bill builds on and enhances those efforts.
  This bill represents a commonsense approach to ensuring better 
management of AST's. It acknowledges that five different Federal 
offices currently regulate AST's and that tankowners feel overwhelmed 
and overburdened by duplicative regulations.

  To address these concerns, the bill requires the EPA to consolidate 
AST offices within EPA. In performing that consolidation, EPA must 
review all regulations that currently apply to ASTs and eliminate those 
that are duplicative. This consolidation will lead to simplification of 
the regulatory program and will ensure that tankowners understand the 
current regulations with which they must comply.
  By improving the organization of the current AST program we allow EPA 
to do more with less. We also permit tank owners the opportunity to 
benefit from a streamlined, understandable regulatory structure.
  In 1995, the General Accounting Office conducted a study of the AST 
regulatory program and identified seven areas where the program needed 
improvement. The bill provides EPA the authority to correct those 
deficiencies in federal law identified by the GAO. Any new regulations 
must be designed in the most cost-effective manner and substantial 
weight must be given to current industry standards.
  This needed regulatory reform will improve the effectiveness of 
current regulations, lead to greater prevention and containment of 
releases from AST's and improve the environment. This new, streamlined 
approach to AST regulation has been developed with the guidance and 
input of a diverse coalition of industry and environmental groups, from 
the American Petroleum Institute, to the Petroleum Marketers 
Association of America, to the Environmental Defense Fund. Together, we 
have drafted a bill which both industry and environmental groups can 
support.
  I am proud to have both Congressman Davis and Congresswoman Morella 
as original cosponsors of this legislation. In addition, I want to 
thank Senator Robb for his work on similar legislation which has 
bipartisan support in the Senate.
  This bill is a commonsense proposal to help improve our environment 
through regulatory reform. I look forward to working with my House 
colleagues and with the chairman of the relevant congressional 
committees to ensure that this legislation becomes a reality.

                          ____________________