Union Calendar No. 40

105TH CONGRESS

1ST SESSION H. R. 688

[Report No. 105–58, 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

APRIL 17, 1997

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. 40

105TH CONGRESS

1ST SESSION H. R. 688

[Report No. 105–58, 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

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

APRIL 17, 1997

Reported from the Committee on Commerce

APRIL 17, 1997

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

not later than April 17, 1997

APRIL 17, 1997

Additional sponsors: Mr. BALLENGER, Mr. HEFNER, Mr. ADERHOLT, Mr.
2

•HR 688 RH

PRICE of North Carolina, Mrs. CUBIN, Mr. GREENWOOD, Mr. LAHOOD,

Mr. UPTON, Mr. FRELINGHUYSEN, Mr. HAMILTON, Mr. JONES, Mr.

SMITH of Michigan, Mr. CAMP, Mr. RUSH, Mr. LARGENT, Mr. BARTON

of Texas, Mr. LOBIONDO, Mr. KLINK, Mr. FOX of Pennsylvania, Mr.

LATOURETTE, Mr. BUYER, Mr. COMBEST, Mr. HOLDEN, Mr. STENHOLM, Mr. WICKER, Mr. RADANOVICH, Mr. PALLONE, Mr. PAXON, Mr.

PASTOR, Mr. BARRETT of Nebraska, and Mr. TIAHRT

APRIL 17, 1997

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

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 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
3

•HR 688 RH

1 funds appropriated to the Environmental Protection

2 Agency from the Leaking Underground Storage

3 Tank Trust Fund (in this subsection referred to as

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

5 costs under cooperative agreements entered into with

6 the Administrator for the following:

7 ‘‘(i) States’ actions under section

8 9003(h)(7)(A).

9 ‘‘(ii) Necessary administrative expenses di10 rectly related to corrective action and com11 pensation programs under section 9004(c)(1).

12 ‘‘(iii) Enforcement of a State or local pro13 gram approved under this section or enforce14 ment of this subtitle or similar State or local

15 provisions by a State or local government.

16 ‘‘(iv) State and local corrective actions pur17 suant to regulations promulgated under section

18 9003(c)(4).

19 ‘‘(v) Corrective action and compensation

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

21 from underground storage tanks regulated

22 under this subtitle in any instance, as deter23 mined by the State, in which the financial re24 sources of an owner or operator, excluding re25 sources provided by programs under section
4

•HR 688 RH

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

2 of a corrective action without significantly im3 pairing the ability of the owner or operator to

4 continue in business.

5 ‘‘(B) Funds provided by the Administrator

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

7 for purposes of providing financial assistance to an

8 owner or operator in meeting the requirements re9 specting underground storage tanks contained in

10 section 280.21 of title 40 of the Code of Federal

11 Regulations (as in effect on the date of the enact12 ment of this subsection) or similar requirements in

13 State programs approved under this section or simi14 lar State or local provisions.

15 ‘‘(2) ALLOCATION.—

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

17 that the Administrator has entered into a coop18 erative agreement with under section

19 9003(h)(7)(A), the Administrator shall distrib20 ute funds from the Trust Fund to the State

21 using the allocation process developed by the

22 Administrator for such cooperative agreements.

23 ‘‘(B) REVISIONS TO PROCESS.—The Ad24 ministrator may revise such allocation process

25 only after—
5

•HR 688 RH

1 ‘‘(i) consulting with State agencies re2 sponsible for overseeing corrective action

3 for releases from underground storage

4 tanks and with representatives of owners

5 and operators; and

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

7 minimum, the total revenue received from

8 each State into the Trust Fund, the num9 ber of confirmed releases from leaking un10 derground storage tanks in each State, the

11 number of notified petroleum storage tanks

12 in each State, and the percent of the popu13 lation of each State using groundwater for

14 any beneficial purpose.

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

16 Trust Fund under this subsection shall be made di17 rectly to the State agency entering into a cooperative

18 agreement or enforcing the State program.

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

20 provided to States from the Trust Fund to owners

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

22 for releases from underground storage tanks are not

23 subject to cost recovery by the Administrator under

24 section 9003(h)(6).’’.
6

•HR 688 RH

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

2 of the Internal Revenue Code of 1986 is amended by in3 serting before the period at the end the following: ‘‘and

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

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

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

7 amended as follows:

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

9 is amended by striking out ‘‘sustances’’ and insert10 ing in lieu thereof ‘‘substances’’.

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

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

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

14 (d)’’.

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

16 amended by striking out ‘‘in 9001(2)(A)’’ and in17 serting in lieu thereof ‘‘in section 9001(2)(A)’’.

18 (4) Section 9005 (42 U.S.C. 6991d) is amend19 ed—

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

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

22 ‘‘study, taking’’;

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

24 ‘‘relevent’’ and inserting in lieu thereof ‘‘rel25 evant’’; and
7

•HR 688 RH

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

2 ‘‘Evironmental’’ and inserting in lieu thereof

3 ‘‘Environmental’’.