Leaking Underground Storage Tank Liability and Standards Act of 1984 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to include under the definition of "hazardous substance" (for purposes of CERCLA coverage for removal, remedial action, and liability) gasoline and other liquid hydrocarbons which are stored in an underground storage tank from which there is a release or threatened release.
Directs the Administrator of the Environmental Protection Agency, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards.
Authorizes the Administrator to implement such standards through: (1) the promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) the establishment of a program under which any person or category of persons may be required to have a permit to store any hazardous substance in such an underground storage tank.
Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulatory program under such Act.
Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank.
Sets forth criminal penalties for knowing material violations or omissions with respect to requirements established by the Administrator under this Act, if such violation or omission results in a release or threatened release of any hazardous substance from an underground storage tank.
Authorizes appropriations for FY 1985 through 1987 to carry out this Act. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this Act.
Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this Act.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to House Committee on Public Works and Transportation.
Referred to Subcommittee on Commerce, Transportation and Tourism.
Referred to Subcommittee on Water Resources.
Executive Comment Requested from EPA, OMB.
See H.R.2867.
For Further Action See H.R.2867.
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