[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3391 Introduced in House (IH)]

  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.


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                    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 
  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 cooperative agreements for undertaking corrective action and for 
                 enforcement of subtitle I of such Act.

    Be it enacted by the Senate and House of Representatives 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 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 Administrator--
                    ``(i) for States' actions under section 
                9003(h)(7)(A);
                    ``(ii) for corrective action and compensation 
                programs under section 9004(c)(1) for releases from 
                underground storage tanks regulated under this 
                subtitle;
                    ``(iii) for enforcement of a State or local program 
                approved under this section or enforcement 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 section 
                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 respecting 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 enactment of this 
        subsection) or similar requirements in State programs approved 
        under this section or similar State or local provisions.
            ``(2) Allocation.--
                    ``(A) Formula.--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 formula developed by the 
                Administrator for such cooperative agreements.
                    ``(B) Revisions to formula.--The Administrator 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 number of 
                        confirmed releases from leaking underground 
                        storage tanks in each State, the number of 
                        notified petroleum storage tanks in each State, 
                        and the percent of the population 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 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 inserting before the period at the 
end the following: ``and to carry out section 9004(f) of such Act''.
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