I

104TH CONGRESS

2D SESSION H. R. 3391

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

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,
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1 SECTION 1. LEAKING UNDERGROUND STORAGE TANKS.

2 (a) TRUST FUND DISTRIBUTION.—Section 9004 of

3 the Solid Waste Disposal Act (42 U.S.C. 6991c) is amend4 ed by adding at the end the following new subsection:

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

6 ‘‘(1) IN GENERAL.—(A) The Administrator

7 shall distribute to States at least 85 percent of the

8 funds appropriated to the Environmental Protection

9 Agency from the Leaking Underground Storage

10 Tank Trust Fund (in this subsection referred to as

11 the ‘Trust Fund’) each fiscal year for the reasonable

12 costs under cooperative agreements entered into with

13 the Administrator—

14 ‘‘(i) for States’ actions under section

15 9003(h)(7)(A);

16 ‘‘(ii) for corrective action and compensa17 tion programs under section 9004(c)(1) for re18 leases from underground storage tanks regu19 lated under this subtitle;

20 ‘‘(iii) for enforcement of a State or local

21 program approved under this section or enforce22 ment of this subtitle or similar State or local

23 provisions by a State or local government; and

24 ‘‘(iv) for State and local corrective actions

25 pursuant to regulations promulgated under sec26 tion 9003(c)(4).
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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

6 section 280.21 of title 40 of the Code of Federal

7 Regulations (as in effect on the date of the enact8 ment of this subsection) or similar requirements in

9 State programs approved under this section or simi10 lar State or local provisions.

11 ‘‘(2) ALLOCATION.—

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

13 that the Administrator has entered into a coop14 erative agreement with under section

15 9003(h)(7)(A), the Administrator shall distrib16 ute funds from the Trust Fund to the State

17 using the allocation formula developed by the

18 Administrator for such cooperative agreements.

19 ‘‘(B) REVISIONS TO FORMULA.—The Ad20 ministrator may revise such allocation formula

21 only after—

22 ‘‘(i) consulting with representatives of

23 owners and operators;

24 ‘‘(ii) consulting with State agencies

25 responsible for overseeing corrective action
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1 for releases from underground storage

2 tanks; and

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

4 minimum, the total revenue received from

5 each State into the Trust Fund, the num6 ber of confirmed releases from leaking un7 derground 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

13 Trust Fund under this subsection shall be made di14 rectly to the State agency entering into a cooperative

15 agreement or enforcing the State program.

16 ‘‘(4) COST RECOVERY PROHIBITION.—Owners

17 and operators that receive funds provided to States

18 from the Trust Fund for programs under section

19 9004(c)(1) for releases from underground storage

20 tanks are not subject to the cost recovery provisions

21 of section 9003(h)(6).’’.

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

23 of the Internal Revenue Code of 1986 is amended by in-
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1 serting before the period at the end the following: ‘‘and

2 to carry out section 9004(f) of such Act’’.

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