IIA
104TH CONGRESS
2D SESSION
H. R. 3391
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26, 1996
Received
SEPTEMBER 27, 1996
Read twice and referred to the Committee on Environment and Public Works
AN ACT
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.
HR 3391 RFS
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 amend-
ed 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 Administrator for the following:
‘‘(i) 
States’ 
actions 
under 
section
9003(h)(7)(A).
‘‘(ii) Necessary administrative expenses di-
rectly related to corrective action and com-
pensation programs under section 9004(c)(1).
‘‘(iii) Enforcement of a State or local pro-
gram approved under this section or enforce-
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ment of this subtitle or similar State or local
provisions 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 deter-
mined by the State, in which the financial re-
sources of an owner or operator, excluding re-
sources provided by programs under section
9004(c)(1), are not adequate to pay for the cost
of a corrective action without significantly im-
pairing 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
section 280.21 of title 40 of the Code of Federal
Regulations (as in effect on the date of the enact-
ment of this subsection) or similar requirements in
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State programs approved under this section or simi-
lar State or local provisions.
‘‘(2) ALLOCATION.—
‘‘(A) PROCESS.—In the case of a State
that the Administrator has entered into a coop-
erative 
agreement 
with 
under 
section
9003(h)(7)(A), the Administrator shall distrib-
ute 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 Ad-
ministrator 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 operators; and
‘‘(ii) taking into consideration, at a
minimum, the total revenue received from
each State into the Trust Fund, the num-
ber of confirmed releases from leaking un-
derground storage tanks in each State, the
number of notified petroleum storage tanks
in each State, and the percent of the popu-
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lation of each State using groundwater for
any beneficial purpose.
‘‘(3) 
RECIPIENTS.—Distributions 
from 
the
Trust Fund under this subsection shall be made di-
rectly to the State agency entering into a cooperative
agreement or enforcing the State program.
‘‘(4) COST
RECOVERY
PROHIBITION.—Funds
provided to States from the Trust Fund to owners
or operators for programs under section 9004(c)(1)
for releases 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 in-
serting 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 insert-
ing 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)’’
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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 in-
serting 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, taking’’;
(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’’.
Passed the House of Representatives September 25,
1996.
Attest:
ROBIN H. CARLE,
Clerk.
By JEFF TRANDAHL,
Assistant to the Clerk.