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
at least 85 percent of funds appropriated to the
Environmental Protection Agency from the Leak-
ing Underground Storage Tank Trust Fund to
be distributed to States for cooperative agree-
ments for undertaking corrective action and for
enforcement of subtitle I of such Act.
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
the Committee of the Whole House on the State of the
Union and ordered to be printed
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 Com-
mittee 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 jurisdic-
tion 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
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 Stor-
age Tank Trust Fund to be distributed to States for
cooperative agreements for undertaking corrective action
and for enforcement of subtitle I of such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Leaking Underground
Storage Tank Trust Fund Amendments Act of 1996’’.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.
(a) TRUST FUND DISTRIBUTION.—Section 9004 of the
Solid Waste Disposal Act (42 U.S.C. 6991c) is amended
by adding at the end the following new subsection:
‘‘(f) TRUST FUND DISTRIBUTION TO STATES.—
‘‘(1) IN GENERAL.—(A) The Administrator shall
distribute to States at least 85 percent of the funds
appropriated to the Environmental Protection Agency
from the Leaking Underground Storage Tank Trust
Fund (in this subsection referred to as the ‘Trust
Fund’) each fiscal year for the reasonable costs under
cooperative agreements entered into with the Admin-
istrator for the following:
‘‘(i) 
States’ 
actions 
under 
section
9003(h)(7)(A).
‘‘(ii) Necessary administrative expenses di-
rectly related to corrective action and compensa-
tion programs under section 9004(c)(1).
‘‘(iii) Enforcement of a State or local pro-
gram approved under this section or enforcement
of this subtitle or similar State or local provi-
sions by a State or local government.
‘‘(iv) State and local corrective actions pur-
suant to regulations promulgated under section
9003(c)(4).
‘‘(v) Corrective action and compensation
programs under section 9004(c)(1) for releases
from underground storage tanks regulated under
this subtitle in any instance, as determined by
the State, in which the financial resources of an
owner or operator, excluding resources provided
by programs under section 9004(c)(1), are not
adequate to pay for the cost of a corrective action
without significantly impairing the ability of the
owner or operator to continue in business.
‘‘(B) Funds provided by the Administrator
under subparagraph (A) may not be used by States
for purposes of providing financial assistance to an
owner or operator in meeting the requirements re-
specting underground storage tanks contained in sec-
tion 280.21 of title 40 of the Code of Federal Regula-
tions (as in effect on the date of the enactment of this
subsection) or similar requirements in State pro-
grams approved under this section or similar State or
local provisions.
‘‘(2) ALLOCATION.—
‘‘(A) PROCESS.—In the case of a State that
the Administrator has entered into a cooperative
agreement with under section 9003(h)(7)(A), the
Administrator shall distribute funds from the
Trust Fund to the State using the allocation
process developed by the Administrator for such
cooperative agreements.
‘‘(B) REVISIONS TO PROCESS.—The Admin-
istrator may revise such allocation process only
after—
‘‘(i) consulting with State agencies re-
sponsible for overseeing corrective action for
releases from underground storage tanks
and with representatives of owners and op-
erators; and
‘‘(ii) taking into consideration, at a
minimum, the total revenue received from
each State into the Trust Fund, the number
of confirmed releases from leaking under-
ground storage tanks in each State, the
number of notified petroleum storage tanks
in each State, and the percent of the popu-
lation of each State using groundwater for
any beneficial purpose.
‘‘(3) RECIPIENTS.—Distributions from the Trust
Fund under this subsection shall be made directly to
the State agency entering into a cooperative agree-
ment or enforcing the State program.
‘‘(4) COST RECOVERY PROHIBITION.—Funds pro-
vided to States from the Trust Fund to owners or op-
erators for programs under section 9004(c)(1) for re-
leases from underground storage tanks are not subject
to cost recovery by the Administrator under section
9003(h)(6).’’.
(b) CONFORMING AMENDMENT.—Section 9508(c)(1) of
the Internal Revenue Code of 1986 is amended by inserting
before the period at the end the following: ‘‘and to carry
out section 9004(f) of such Act’’.
(c) TECHNICAL AMENDMENTS.—Subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended
as follows:
(1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is
amended by striking out ‘‘sustances’’ and inserting in
lieu thereof ‘‘substances’’.
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is
amended by striking out ‘‘subsection (c) and (d)’’ and
inserting in lieu thereof ‘‘subsections (c) and (d)’’.
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is
amended by striking out ‘‘in 9001(2)(A)’’ and insert-
ing in lieu thereof ‘‘in section 9001(2)(A)’’.
(4) Section 9005 (42 U.S.C. 6991d) is amend-
ed—
(A) in subsection (a), by striking out ‘‘study
taking’’ and inserting in lieu thereof ‘‘study, tak-
ing’’;
(B) in subsection (b)(1), by striking out
‘‘relevent’’ and inserting in lieu thereof ‘‘rel-
evant’’; and
(C) in subsection (b)(4), by striking out
‘‘Evironmental’’ and inserting in lieu thereof
‘‘Environmental’’.