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 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
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. 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—
‘‘(i) for States’ actions under section
9003(h)(7)(A);
‘‘(ii) for corrective action and compensa-
tion programs under section 9004(c)(1) for re-
leases from underground storage tanks regu-
lated under this subtitle;
‘‘(iii) for enforcement of a State or local
program approved under this section or enforce-
ment of this subtitle or similar State or local
provisions by a State or local government; and
‘‘(iv) for State and local corrective actions
pursuant to regulations promulgated under sec-
tion 9003(c)(4).
‘‘(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
State programs approved under this section or simi-
lar State or local provisions.
‘‘(2) ALLOCATION.—
‘‘(A) FORMULA.—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 formula developed by the
Administrator for such cooperative agreements.
‘‘(B) REVISIONS TO FORMULA.—The Ad-
ministrator may revise such allocation formula
only after—
‘‘(i) consulting with representatives of
owners and operators;
‘‘(ii) consulting with State agencies
responsible for overseeing corrective action
for releases from underground storage
tanks; and
‘‘(iii) 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-
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.—Owners
and operators that receive funds provided to States
from the Trust Fund for programs under section
9004(c)(1) for releases from underground storage
tanks are not subject to the cost recovery provisions
of 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’’.
Æ