[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 555 Reported in Senate (RS)]






                                                       Calendar No. 682
105th CONGRESS
  2d Session
                                 S. 555

                          [Report No. 105-360]

   To amend the Solid Waste Disposal Act to require that at least 85 
 percent of funds appropriated to the Environmental Protection Agency 
from the Leaking Underground Storage Tank Trust Fund be distributed to 
 States to carry out cooperative agreements for undertaking corrective 
         action and for enforcement of subtitle I of that Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 1997

  Mr. Allard (for himself, Mr. Cochran, Mr. Hollings, Mr. Inhofe, Mr. 
    Faircloth, Mr. Roberts, Mr. Campbell, Mr. Wyden, and Mr. Lugar) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

            October 1 (legislative day, September 29), 1998

Reported by Mr. Chafee, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Solid Waste Disposal Act to require that at least 85 
 percent of funds appropriated to the Environmental Protection Agency 
from the Leaking Underground Storage Tank Trust Fund be distributed to 
 States to carry out cooperative agreements for undertaking corrective 
         action and for enforcement of subtitle I of that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Leaking Underground Storage 
Tank Trust Fund Amendments Act of 1997''.</DELETED>

<DELETED>SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(f) Trust Fund Distribution to States.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Amount and permitted use of 
                distribution.--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 established by 
                section 9508 of the Internal Revenue Code of 1986 
                (referred to in this subsection as the `Trust Fund') 
                for each fiscal year for use in paying the reasonable 
                costs, incurred under cooperative agreements entered 
                into with the Administrator, of--</DELETED>
                <DELETED>    ``(i) actions taken by a State under 
                section 9003(h)(7)(A);</DELETED>
                <DELETED>    ``(ii) necessary administrative expenses 
                directly related to corrective action and compensation 
                programs under subsection (c)(1);</DELETED>
                <DELETED>    ``(iii) 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;</DELETED>
                <DELETED>    ``(iv) State or local corrective actions 
                pursuant to regulations promulgated under section 
                9003(c)(4); or</DELETED>
                <DELETED>    ``(v) corrective action and compensation 
                programs under subsection (c)(1) for releases from 
                underground storage tanks regulated under this subtitle 
                if, as determined by the State, the financial resources 
                of an owner or operator (excluding resources provided 
                by programs under subsection (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.</DELETED>
        <DELETED>    ``(B) Nonpermitted uses.--Funds provided by the 
        Administrator under subparagraph (A) shall not be used by a 
        State to provide financial assistance to an owner or operator 
        to meet the requirements respecting underground storage tanks 
        contained in section 280.21 of title 40, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        subsection), or similar requirements in State programs approved 
        under this section or similar State or local 
        provisions.</DELETED>
        <DELETED>    ``(2) Allocation.--</DELETED>
                <DELETED>    ``(A) Process.--Subject to subparagraph 
                (B), in the case of a State with which the 
                Administrator has entered into a cooperative agreement 
                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.</DELETED>
                <DELETED>    ``(B) Revisions to process.--The 
                Administrator may revise the allocation process only 
                after--</DELETED>
                        <DELETED>    ``(i) consulting with State 
                        agencies responsible for overseeing corrective 
                        action for releases from underground storage 
                        tanks and with representatives of owners and 
                        operators; and</DELETED>
                        <DELETED>    ``(ii) taking into consideration, 
                        at a minimum--</DELETED>
                                <DELETED>    ``(I) the total revenue 
                                received from each State into the Trust 
                                Fund;</DELETED>
                                <DELETED>    ``(II) the number of 
                                confirmed releases from leaking 
                                underground storage tanks in each 
                                State;</DELETED>
                                <DELETED>    ``(III) the number of 
                                notified petroleum storage tanks in 
                                each State; and</DELETED>
                                <DELETED>    ``(IV) the percentage of 
                                the population of each State using 
                                groundwater for any beneficial 
                                purpose.</DELETED>
        <DELETED>    ``(3) Distributions to state agencies.--</DELETED>
                <DELETED>    ``(A) In general.--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.</DELETED>
                <DELETED>    ``(B) Administrative expenses.--A State 
                agency that receives funds under this subsection shall 
                limit the proportion of those funds that are used to 
                pay administrative expenses to a percentage that the 
                State may establish by law.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (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 that 
Act''.</DELETED>
<DELETED>    (c) Technical Amendments.--</DELETED>
        <DELETED>    (1) Section 9001(3)(A) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991(3)(A)) is amended by striking ``sustances'' 
        and inserting ``substances''.</DELETED>
        <DELETED>    (2) Section 9003(f)(1) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991b(f)(1)) is amended by striking ``subsection 
        (c) and (d)'' and inserting ``subsections (c) and 
        (d)''.</DELETED>
        <DELETED>    (3) Section 9004(a) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991c(a)) is amended by striking ``in 
        9001(2)(A)'' and inserting ``in section 9001(2)(A)''.</DELETED>
        <DELETED>    (4) Section 9005 of the Solid Waste Disposal Act 
        (42 U.S.C. 6991d) is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``study 
                taking'' and inserting ``study, taking'';</DELETED>
                <DELETED>    (B) in subsection (b)(1), by striking 
                ``relevent'' and inserting ``relevant''; and</DELETED>
                <DELETED>    (C) in subsection (b)(4), by striking 
                ``Evironmental'' and inserting 
                ``Environmental''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leaking Underground Storage Tank 
Trust Fund Amendments Act of 1998''.

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:
    ``(f) Trust Fund Distribution.--
            ``(1) In general.--
                    ``(A) Amount and permitted use of distribution.--
                The Administrator shall distribute to States at least 
                80 percent of the funds appropriated to the 
                Environmental Protection Agency from the Leaking 
                Underground Storage Tank Trust Fund established by 
                section 9508 of the Internal Revenue Code of 1986 
                (referred to in this subsection as the `Trust Fund') 
                for each fiscal year for use in paying the reasonable 
                costs, incurred under cooperative agreements with 
                States, of--
                            ``(i) actions taken by a State under 
                        section 9003(h)(7)(A);
                            ``(ii) necessary administrative expenses 
                        directly related to corrective action and 
                        compensation programs under subsection (c)(1);
                            ``(iii) enforcement by a State or local 
                        government of a State program approved under 
                        this section or of State or local requirements 
                        regulating underground storage tanks that are 
                        similar or identical to this subtitle;
                            ``(iv) State or local corrective actions 
                        pursuant to regulations promulgated under 
                        section 9003(c)(4); or
                            ``(v) corrective action and compensation 
                        programs under subsection (c)(1) for releases 
                        from underground storage tanks regulated under 
                        this subtitle if, as determined by the State in 
                        accordance with guidelines developed between 
                        the Environmental Protection Agency and the 
                        States, the financial resources of an owner or 
                        operator (including resources provided by 
                        programs under subsection (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) Nonpermitted uses.--Funds provided by the 
                Administrator under subparagraph (A) shall not be used 
                by a State to provide financial assistance to an owner 
                or operator to meet the requirements respecting 
                underground storage tanks contained in section part 280 
                of title 40, Code of Federal Regulations (as in effect 
                on the date of enactment of this subsection), except as 
                provided in subparagraph (A)(v), or similar 
                requirements in State programs approved under this 
                section or similar State or local provisions.
                    ``(C) Tanks within tribal jurisdiction.--The 
                Administrator, in coordination with Indian tribes, 
                shall--
                            ``(i) expeditiously develop and implement a 
                        strategy to--
                                    ``(I) take necessary corrective 
                                action in response to releases from 
                                leaking underground storage tanks 
                                located wholly within the exterior 
                                boundaries of an Indian reservation or 
                                other area within the jurisdiction of 
                                an Indian tribe, giving priority to 
                                releases that present the greatest 
                                threat to human health or the 
                                environment; and
                                    ``(II) implement and enforce 
                                requirements regulating underground 
                                storage tanks located wholly within the 
                                exterior boundaries of an Indian 
                                reservation or other areas within the 
                                jurisdiction of an Indian tribe; and
                            ``(ii) not later than 2 years after the 
                        date of enactment of this subsection, and every 
                        2 years thereafter, submit to Congress a report 
                        summarizing the status of implementation of the 
                        leaking underground storage tank program 
                        located wholly within the exterior boundaries 
                        of an Indian reservation or other area within 
                        the jurisdiction of an Indian tribe.
            ``(2) Allocation.--
                    ``(A) Process.--Subject to subparagraph (B), in the 
                case of a State with which the Administrator has 
                entered into a cooperative agreement 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 Administrator may 
                revise the allocation process only after--
                            ``(i) consulting with State agencies 
                        responsible 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--
                                    ``(I) the total revenue received 
                                from each State into the Trust Fund;
                                    ``(II) the number of confirmed 
                                releases from leaking underground 
                                storage tanks in each State;
                                    ``(III) the number of notified 
                                petroleum storage tanks in each State;
                                    ``(IV) the percentage of the 
                                population of each State using 
                                groundwater for any beneficial purpose;
                                    ``(V) the evaluation of the program 
                                performance of each State;
                                    ``(VI) the evaluation of the 
                                financial needs of each State; and
                                    ``(VII) the evaluation of the 
                                ability of each State to use the funds 
                                in any year.
            ``(3) Distributions to state agencies.--
                    ``(A) In general.--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.
                    ``(B) Administrative expenses.--A State agency that 
                receives funds under this subsection shall limit the 
                proportion of those funds that are used to pay 
                administrative expenses to a percentage that the State 
                may establish by law.
            ``(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).
            ``(5) Permitted uses.--In addition to uses authorized by 
        other provisions of this subtitle, the Administrator may use 
        funds appropriated to the Environmental Protection Agency from 
        the Trust Fund for enforcement of any regulation promulgated by 
        the Administrator under this subtitle.''.
    (b) Technical Amendments.--
            (1) Section 9001(3)(A) of the Solid Waste Disposal Act (42 
        U.S.C. 6991(3)(A)) is amended by striking ``sustances'' and 
        inserting ``substances''.
            (2) Section 9003(f)(1) of the Solid Waste Disposal Act (42 
        U.S.C. 6991b(f)(1)) is amended by striking ``subsection (c) and 
        (d)'' and inserting ``subsections (c) and (d)''.
            (3) Section 9004(a) of the Solid Waste Disposal Act (42 
        U.S.C. 6991c(a)) is amended by striking ``in 9001(2)(A)'' and 
        inserting ``in section 9001(2)(A)''.
            (4) Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 
        6991d) is amended--
                    (A) in subsection (a), by striking ``study taking'' 
                and inserting ``study, taking'';
                    (B) in subsection (b)(1), by striking ``relevent'' 
                and inserting ``relevant''; and
                    (C) in subsection (b)(4), by striking 
                ``Evironmental'' and inserting ``Environmental''.

SEC. 3. ADDITION TO TRUST FUND PURPOSES.

    Section 9508(c)(1) of the Internal Revenue Code of 1986 (relating 
to expenditures) is amended by striking ``to carry out section 
9003(h)'' and all that follows and inserting ``to carry out--
                    ``(A) section 9003(h) of the Solid Waste Disposal 
                Act (as in effect on the date of enactment of the 
                Superfund Amendments and Reauthorization Act of 1986); 
                and
                    ``(B) section 9004(f) of the Solid Waste Disposal 
                Act (as in effect on the date of enactment of the 
                Leaking Underground Storage Tank Trust Fund Amendments 
                Act of 1998).''.

SEC. 4. STUDY.

    The Administrator of the Environmental Protection Agency shall 
conduct a study to determine the corrosive effects of methyl tertiary 
butyl ether on underground storage tanks.
            Amend the title so as to read: ``A bill to amend the Solid 
        Waste Disposal Act to require that at least 80 percent of funds 
        appropriated to the Environmental Protection Agency from the 
        Leaking Underground Storage Tank Trust Fund be distributed to 
        States to carry out cooperative agreements for undertaking 
        corrective action and for enforcement of subtitle I of that 
        Act, and for other purposes.''.
                                     





                                                       Calendar No. 682

105th CONGRESS

  2d Session

                                 S. 555

                          [Report No. 105-360]

_______________________________________________________________________

                                 A BILL

   To amend the Solid Waste Disposal Act to require that at least 85 
 percent of funds appropriated to the Environmental Protection Agency 
from the Leaking Underground Storage Tank Trust Fund be distributed to 
 States to carry out cooperative agreements for undertaking corrective 
         action and for enforcement of subtitle I of that Act.

_______________________________________________________________________

            October 1 (legislative day, September 29), 1998

        Reported with an amendment and an amendment to the title