I

105TH CONGRESS

1ST SESSION H. R. 688

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

FEBRUARY 11, 1997

Mr. DAN SCHAEFER of Colorado (for himself, Mr. STUPAK, Mr. OXLEY, Mr.

NORWOOD, Mr. BURR of North Carolina, Mr. LIVINGSTON, Mr.

MCHUGH, Mr. SKEEN, Ms. NORTON, Mr. BEREUTER, Ms. CHRISTIANGREEN, Mr. NETHERCUTT, Mr. BACHUS, Mr. KLUG, Mr. PARKER, Mr.

GRAHAM, Mr. DEAL of Georgia, Mr. GILLMOR, Ms. RIVERS, Mr. TAYLOR

of North Carolina, Mr. MCINTOSH, Mr. DOYLE, Mr. LAFALCE, Mrs.

MYRICK, Mr. GEKAS, Mrs. THURMAN, Mr. WATKINS, Mr. LUCAS of Oklahoma, Mr. HEFLEY, Mr. PORTER, Mr. MCDADE, Mr. CANADY of Florida,

Mr. DOOLEY of California, Mr. EHLERS, Mr. SPRATT, Mr. HILLEARY,

Mr. BOB SCHAFFER of Colorado, Mr. KANJORSKI, Mr. CRAPO, Mr. TAUZIN, and Mr. MCCRERY) 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
2

•HR 688 IH

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 1997’’.

6 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

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

8 the Solid Waste Disposal Act (42 U.S.C. 6991c) is amend9 ed by adding at the end the following new subsection:

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

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

12 shall distribute to States at least 85 percent of the

13 funds appropriated to the Environmental Protection

14 Agency from the Leaking Underground Storage

15 Tank Trust Fund (in this subsection referred to as

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

17 costs under cooperative agreements entered into with

18 the Administrator for the following:

19 ‘‘(i) States’ actions under section

20 9003(h)(7)(A).

21 ‘‘(ii) Necessary administrative expenses di22 rectly related to corrective action and com23 pensation programs under section 9004(c)(1).
3

•HR 688 IH

1 ‘‘(iii) Enforcement of a State or local pro2 gram approved under this section or enforce3 ment of this subtitle or similar State or local

4 provisions by a State or local government.

5 ‘‘(iv) State and local corrective actions pur6 suant to regulations promulgated under section

7 9003(c)(4).

8 ‘‘(v) Corrective action and compensation

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

10 from underground storage tanks regulated

11 under this subtitle in any instance, as deter12 mined by the State, in which the financial re13 sources of an owner or operator, excluding re14 sources provided by programs under section

15 9004(c)(1), are not adequate to pay for the cost

16 of a corrective action without significantly im17 pairing the ability of the owner or operator to

18 continue in business.

19 ‘‘(B) Funds provided by the Administrator

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

21 for purposes of providing financial assistance to an

22 owner or operator in meeting the requirements re23 specting underground storage tanks contained in

24 section 280.21 of title 40 of the Code of Federal
4

•HR 688 IH

1 Regulations (as in effect on the date of the enact2 ment of this subsection) or similar requirements in

3 State programs approved under this section or simi4 lar State or local provisions.

5 ‘‘(2) ALLOCATION.—

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

7 that the Administrator has entered into a coop8 erative agreement with under section

9 9003(h)(7)(A), the Administrator shall distrib10 ute funds from the Trust Fund to the State

11 using the allocation process developed by the

12 Administrator for such cooperative agreements.

13 ‘‘(B) REVISIONS TO PROCESS.—The Ad14 ministrator may revise such allocation process

15 only after—

16 ‘‘(i) consulting with State agencies re17 sponsible for overseeing corrective action

18 for releases from underground storage

19 tanks and with representatives of owners

20 and operators; and

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

22 minimum, the total revenue received from

23 each State into the Trust Fund, the num24 ber of confirmed releases from leaking un25 derground storage tanks in each State, the
5

•HR 688 IH

1 number of notified petroleum storage tanks

2 in each State, and the percent of the popu3 lation of each State using groundwater for

4 any beneficial purpose.

5 ‘‘(3) RECIPIENTS.—Distributions from the

6 Trust Fund under this subsection shall be made di7 rectly to the State agency entering into a cooperative

8 agreement or enforcing the State program.

9 ‘‘(4) COST RECOVERY PROHIBITION.—Funds

10 provided to States from the Trust Fund to owners

11 or operators for programs under section 9004(c)(1)

12 for releases from underground storage tanks are not

13 subject to cost recovery by the Administrator under

14 section 9003(h)(6).’’.

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

16 of the Internal Revenue Code of 1986 is amended by in17 serting before the period at the end the following: ‘‘and

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

19 (c) TECHNICAL AMENDMENTS.—Subtitle I of the

20 Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is

21 amended as follows:

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

23 is amended by striking out ‘‘sustances’’ and insert24 ing in lieu thereof ‘‘substances’’.
6

•HR 688 IH

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

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

3 and inserting in lieu thereof ‘‘subsections (c) and

4 (d)’’.

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

6 amended by striking out ‘‘in 9001(2)(A)’’ and in7 serting in lieu thereof ‘‘in section 9001(2)(A)’’.

8 (4) Section 9005 (42 U.S.C. 6991d) is amend9 ed—

10 (A) in subsection (a), by striking out

11 ‘‘study taking’’ and inserting in lieu thereof

12 ‘‘study, taking’’;

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

14 ‘‘relevent’’ and inserting in lieu thereof ‘‘rel15 evant’’; and

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

17 ‘‘Evironmental’’ and inserting in lieu thereof

18 ‘‘Environmental’’.

Æ