Union Calendar No. 450

104TH CONGRESS

2D SESSION H. R. 3391

[Report No. 104–822, Part I]

A BILL

To amend the Solid Waste Disposal Act to require

enforcement of subtitle I of such Act.ments for undertaking corrective action and forbe distributed to States for cooperative agreeing Underground Storage Tank Trust Fund toEnvironmental Protection Agency from the Leakat least 85 percent of funds appropriated to the

SEPTEMBER 24, 1996

Reported from the Committee on Commerce with an

amendment

SEPTEMBER 24, 1996

Referral to the Committee on Ways and Means extended

for a period ending not later than September 24, 1996

SEPTEMBER 24, 1996

Committee on Ways and Means discharged; committed to

Union and ordered to be printedthe Committee of the Whole House on the State of the
IB

Union Calendar No. 450

104TH CONGRESS

2D SESSION H. R. 3391

[Report No. 104–822, Part I]

To amend the Solid Waste Disposal Act to require at least 85 percent

of funds appropriated to the Environmental Protection Agency from

the Leaking Underground Storage Tank Trust Fund to be distributed

to States for cooperative agreements for undertaking corrective action

and for enforcement of subtitle I of such Act.

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 1996

Mr. SCHAEFER (for himself, Mr. STUPAK, Mr. BURR, Mr. HEFNER, and Mr.

BEREUTER) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and

Means, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

SEPTEMBER 24, 1996

Additional sponsors: Mr. WICKER, Mr. KLUG, Mr. LONGLEY, Mr. CAMP, Mr.

SKEEN, Mr. GRAHAM, Mr. TAUZIN, Mr. ROEMER, Mr. WHITFIELD, Mr.

PORTER, Mr. BARTON of Texas, Mrs. MYRICK, Mr. COOLEY of Oregon,

Mr. NORWOOD, Mr. PARKER, Mr. HEFLEY, Mr. FRELINGHUYSEN, Mr.

CRAPO, Mr. GILLMOR, Mr. RICHARDSON, Mr. PAXON, Mr. TAYLOR of

North Carolina, Mr. LIVINGSTON, Mr. LUCAS of Oklahoma, Mr. SPRATT,

Mrs. VUCANOVICH, Mrs. THURMAN, Mr. PALLONE, and Mr. BURTON of

Indiana

SEPTEMBER 24, 1996

Reported from the Committee on Commerce with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 24, 1996

Referred to the Committee on Ways and Means extended for a period ending

not later than September 24, 1996
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SEPTEMBER 24, 1996

Committee on Ways and Means Discharged; committed to the Committee of

the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on May 2, 1996]

A BILL

To amend the Solid Waste Disposal Act to require at least

85 percent of funds appropriated to the Environmental

Protection Agency from the Leaking Underground Storage Tank Trust Fund to be distributed to States for

cooperative agreements for undertaking corrective action

and for enforcement of subtitle I of such Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Leaking Underground

5 Storage Tank Trust Fund Amendments Act of 1996’’.

6 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

7 (a) TRUST FUND DISTRIBUTION.—Section 9004 of the

8 Solid Waste Disposal Act (42 U.S.C. 6991c) is amended

9 by adding at the end the following new subsection:

10 ‘‘(f) TRUST FUND DISTRIBUTION TO STATES.—

11 ‘‘(1) IN GENERAL.—(A) The Administrator shall

12 distribute to States at least 85 percent of the funds

13 appropriated to the Environmental Protection Agency

14 from the Leaking Underground Storage Tank Trust

15 Fund (in this subsection referred to as the ‘Trust
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1 Fund’) each fiscal year for the reasonable costs under

2 cooperative agreements entered into with the Admin3 istrator for the following:

4 ‘‘(i) States’ actions under section

5 9003(h)(7)(A).

6 ‘‘(ii) Necessary administrative expenses di7 rectly related to corrective action and compensa8 tion programs under section 9004(c)(1).

9 ‘‘(iii) Enforcement of a State or local pro10 gram approved under this section or enforcement

11 of this subtitle or similar State or local provi12 sions by a State or local government.

13 ‘‘(iv) State and local corrective actions pur14 suant to regulations promulgated under section

15 9003(c)(4).

16 ‘‘(v) Corrective action and compensation

17 programs under section 9004(c)(1) for releases

18 from underground storage tanks regulated under

19 this subtitle in any instance, as determined by

20 the State, in which the financial resources of an

21 owner or operator, excluding resources provided

22 by programs under section 9004(c)(1), are not

23 adequate to pay for the cost of a corrective action

24 without significantly impairing the ability of the

25 owner or operator to continue in business.
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1 ‘‘(B) Funds provided by the Administrator

2 under subparagraph (A) may not be used by States

3 for purposes of providing financial assistance to an

4 owner or operator in meeting the requirements re5 specting underground storage tanks contained in sec6 tion 280.21 of title 40 of the Code of Federal Regula7 tions (as in effect on the date of the enactment of this

8 subsection) or similar requirements in State pro9 grams approved under this section or similar State or

10 local provisions.

11 ‘‘(2) ALLOCATION.—

12 ‘‘(A) PROCESS.—In the case of a State that

13 the Administrator has entered into a cooperative

14 agreement with under section 9003(h)(7)(A), the

15 Administrator shall distribute funds from the

16 Trust Fund to the State using the allocation

17 process developed by the Administrator for such

18 cooperative agreements.

19 ‘‘(B) REVISIONS TO PROCESS.—The Admin20 istrator may revise such allocation process only

21 after—

22 ‘‘(i) consulting with State agencies re23 sponsible for overseeing corrective action for

24 releases from underground storage tanks
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1 and with representatives of owners and op2 erators; and

3 ‘‘(ii) taking into consideration, at a

4 minimum, the total revenue received from

5 each State into the Trust Fund, the number

6 of confirmed releases from leaking under7 ground storage tanks in each State, the

8 number of notified petroleum storage tanks

9 in each State, and the percent of the popu10 lation of each State using groundwater for

11 any beneficial purpose.

12 ‘‘(3) RECIPIENTS.—Distributions from the Trust

13 Fund under this subsection shall be made directly to

14 the State agency entering into a cooperative agree15 ment or enforcing the State program.

16 ‘‘(4) COST RECOVERY PROHIBITION.—Funds pro17 vided to States from the Trust Fund to owners or op18 erators for programs under section 9004(c)(1) for re19 leases from underground storage tanks are not subject

20 to cost recovery by the Administrator under section

21 9003(h)(6).’’.

22 (b) CONFORMING AMENDMENT.—Section 9508(c)(1) of

23 the Internal Revenue Code of 1986 is amended by inserting

24 before the period at the end the following: ‘‘and to carry

25 out section 9004(f) of such Act’’.
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1 (c) TECHNICAL AMENDMENTS.—Subtitle I of the Solid

2 Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended

3 as follows:

4 (1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is

5 amended by striking out ‘‘sustances’’ and inserting in

6 lieu thereof ‘‘substances’’.

7 (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is

8 amended by striking out ‘‘subsection (c) and (d)’’ and

9 inserting in lieu thereof ‘‘subsections (c) and (d)’’.

10 (3) Section 9004(a) (42 U.S.C. 6991c(a)) is

11 amended by striking out ‘‘in 9001(2)(A)’’ and insert12 ing in lieu thereof ‘‘in section 9001(2)(A)’’.

13 (4) Section 9005 (42 U.S.C. 6991d) is amend14 ed—

15 (A) in subsection (a), by striking out ‘‘study

16 taking’’ and inserting in lieu thereof ‘‘study, tak17 ing’’;

18 (B) in subsection (b)(1), by striking out

19 ‘‘relevent’’ and inserting in lieu thereof ‘‘rel20 evant’’; and

21 (C) in subsection (b)(4), by striking out

22 ‘‘Evironmental’’ and inserting in lieu thereof

23 ‘‘Environmental’’.