WILLIAM DONALD SCHAEFER, Governor

WHEREAS, Subtitle I of RCRA directs the United States
Environmental Protection Agency (EPA), among other things, to
develop financial responsibility requirements for owners and
operators of underground storage tanks; and

WHEREAS, Subtitle I of RCRA, at 42 U.S.C. § 6991b(d), as
well as the EPA's proposed implementing regulations at 52 Federal
Register 12786 (April 17, 1987) require that an owner or operator
of an underground storage tank containing petroleum products must
ensure that there will be at least $1,000,000 available in the
event of a leak to pay for cleanup and third-party damages; and

WHEREAS, A spokesman for the EPA stated on November 4, 1987
in testimony before a workgroup of the Environmental Matters
Committee that the financial responsibility requirement will be
effective as of October 1, 1988; and

WHEREAS, A significant number of owners and operators of
underground storage tanks containing petroleum products will be
unable to comply with the financial responsibility requirement
because pollution liability insurance for owners and operators of
underground storage tanks is not available in the market place at
this time; and

WHEREAS, The EPA acknowledges the unavailability of
insurance and intends to grant suspensions from enforcement of
the October 1, 1988 deadline when there is a bona fide effort by
the State to establish a program to assist owners and operators
unable to meet the financial responsibility requirements; and

WHEREAS, The State of Maryland is willing to establish a
State program and give its fair share in the national effort to
address the problem of leaking underground storage tanks; and

WHEREAS, The State of Maryland must be given guidelines in
order to ensure that its program meets federal requirements, is
adequate in assisting the owners and operators of underground
storage tanks in meeting the financial responsibility
requirement, and will be sufficient to qualify owners and
operators within the State for postponement of the October 1,
1988 deadline; now, therefore, be it

RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That the
federal Environmental Protection Agency is requested to give the
State of Maryland guidelines for a State program designed to
assist owners and operators of underground storage tanks
containing petroleum products in meeting the federally mandated
financial responsibility requirements; and be it further

RESOLVED, That such guidelines include a preferred State
program and alternative programs with appropriate consideration
being given to protecting the needs and interests of the State

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