S.1537 - Aboveground Storage Tank Consolidation and Regulatory Improvement Act104th Congress (1995-1996)
|Sponsor:||Sen. Robb, Charles S. [D-VA] (Introduced 01/26/1996)|
|Committees:||Senate - Environment and Public Works|
|Latest Action:||Senate - 01/26/1996 Read twice and referred to the Committee on Environment and Public Works. (All Actions)|
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Text: S.1537 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in Senate (01/26/1996)
[Congressional Bills 104th Congress] [From the U.S. Government Printing 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