[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1850 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1850

  To amend the Solid Waste Disposal Act to bring underground storage 
 tanks into compliance with subtitle I of that Act, to promote cleanup 
 of leaking underground storage tanks, to provide sufficient resources 
        for such compliance and cleanup, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 19 (legislative day, December 18), 2001

 Mr. Chafee (for himself, Mr. Carper, Mr. Smith of New Hampshire, Mr. 
Jeffords, and Mr. Inhofe) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Solid Waste Disposal Act to bring underground storage 
 tanks into compliance with subtitle I of that Act, to promote cleanup 
 of leaking underground storage tanks, to provide sufficient resources 
        for such compliance and cleanup, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Underground Storage Tank Compliance 
Act of 2001''.

SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

    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 uses of distribution.--
                The Administrator shall distribute to States not less 
                than 80 percent of the funds from the Trust Fund that 
                are made available to the Administrator under section 
                9013(2)(A) for each fiscal year for use in paying the 
                reasonable costs, incurred under a cooperative 
                agreement with any State, of--
                            ``(i) actions taken by the State under 
                        section 9003(h)(7)(A);
                            ``(ii) necessary administrative expenses, 
                        as determined by the Administrator, that are 
                        directly related to corrective action and 
                        compensation programs under subsection (c)(1);
                            ``(iii) any corrective action and 
                        compensation program carried out under 
                        subsection (c)(1) for a release from an 
                        underground storage tank regulated under this 
                        subtitle to the extent that, as determined by 
                        the State in accordance with guidelines 
                        developed jointly by the Administrator and the 
                        State, the financial resources of the owner or 
                        operator of the underground storage tank 
                        (including resources provided by a program in 
                        accordance with subsection (c)(1)) are not 
                        adequate to pay the cost of a corrective action 
                        without significantly impairing the ability of 
                        the owner or operator to continue in business;
                            ``(iv) enforcement by the State or a local 
                        government of--
                                    ``(I) the State program approved 
                                under this section; or
                                    ``(II) State or local requirements 
                                concerning underground storage tanks 
                                that are similar or identical to the 
                                requirements of this subtitle; or
                            ``(v) State or local corrective actions 
                        carried out under regulations promulgated under 
                        section 9003(c)(4).
                    ``(B) Use of funds for enforcement.--In addition to 
                the uses of funds authorized under subparagraph (A), 
                the Administrator may use funds from the Trust Fund 
                that are not distributed to States under subparagraph 
                (A) for enforcement of any regulation promulgated by 
                the Administrator under this subtitle.
                    ``(C) Prohibited uses.--Except as provided in 
                subparagraph (A)(iii), under any similar requirement of 
                a State program approved under this section, or in any 
                similar State or local provision as determined by the 
                Administrator, funds provided to a State by the 
                Administrator under subparagraph (A) shall not be used 
                by the State to provide financial assistance to an 
                owner or operator to meet any requirement relating to 
                underground storage tanks under part 280 of title 40, 
                Code of Federal Regulations (as in effect on the date 
                of enactment of this subsection).
            ``(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 under the 
                cooperative agreement.
                    ``(B) Revisions to process.--The Administrator may 
                revise the allocation process referred to in 
                subparagraph (A) with respect to a State only after--
                            ``(i) consulting with--
                                    ``(I) State agencies responsible 
                                for overseeing corrective action for 
                                releases from underground storage 
                                tanks;
                                    ``(II) owners; and
                                    ``(III) operators; and
                            ``(ii) taking into consideration, at a 
                        minimum--
                                    ``(I) the total tax revenue 
                                contributed to the Trust Fund from all 
                                sources within the State;
                                    ``(II) the number of confirmed 
                                releases from leaking underground 
                                storage tanks in the State;
                                    ``(III) the number of petroleum 
                                storage tanks in the State;
                                    ``(IV) the percentage of the 
                                population of the State that uses 
                                groundwater for any beneficial purpose;
                                    ``(V) the performance of the State 
                                in implementing and enforcing the 
                                program;
                                    ``(VI) the financial needs of the 
                                State; and
                                    ``(VII) the ability of the State to 
                                use the funds referred to in 
                                subparagraph (A) in any year.
            ``(3) Distributions to state agencies.--
                    ``(A) In general.--Distributions from the Trust 
                Fund under this subsection shall be made directly to a 
                State agency that--
                            ``(i) enters into a cooperative agreement 
                        referred to in paragraph (2)(A); or
                            ``(ii) is enforcing a State program 
                        approved under this section.
                    ``(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 such percentage as the State 
                may establish by law.
            ``(4) Cost recovery prohibition.--Funds from the Trust Fund 
        provided by States to owners or operators for programs under 
        subsection (c)(1) relating to releases from underground storage 
        tanks shall not be subject to cost recovery by the 
        Administrator under section 9003(h)(6).''.

SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.

    Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d) is 
amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting before subsection (b) (as redesignated by 
        paragraph (1)) the following:
    ``(a) Inspection Requirements.--Not later than 2 years after the 
date of enactment of the Underground Storage Tank Compliance Act of 
2001, and at least once every 2 years thereafter, the Administrator or 
a State with a program approved under section 9004, as appropriate, 
shall require that all underground storage tanks regulated under this 
subtitle be inspected for compliance with regulations promulgated under 
section 9003(c).''.

SEC. 4. OPERATOR TRAINING.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
is amended by striking section 9010 and inserting the following:

``SEC. 9010. OPERATOR TRAINING.

    ``(a) Guidelines.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Underground Storage Tank Compliance Act of 
        2001, in cooperation with States, owners, and operators, the 
        Administrator shall publish in the Federal Register, after 
        public notice and opportunity for comment, guidelines that 
        specify methods for training operators of underground storage 
        tanks.
            ``(2) Considerations.--The guidelines described in 
        paragraph (1) shall take into account--
                    ``(A) State training programs in existence as of 
                the date of publication of the guidelines;
                    ``(B) training programs that are being employed by 
                owners and operators as of the date of enactment of 
                this paragraph;
                    ``(C) the high turnover rate of operators;
                    ``(D) the frequency of improvement in underground 
                storage tank equipment technology;
                    ``(E) the nature of the businesses in which the 
                operators are engaged; and
                    ``(F) such other factors as the Administrator 
                determines to be necessary to carry out this section.
    ``(b) State Programs.--
            ``(1) In general.--Not later than 2 years after the date on 
        which the Administrator publishes the guidelines under 
        subsection (a)(1), each State shall develop and implement a 
        strategy for the training of operators of underground storage 
        tanks that is consistent with paragraph (2).
            ``(2) Requirements.--A State strategy described in 
        paragraph (1) shall--
                    ``(A) be consistent with subsection (a);
                    ``(B) be developed in cooperation with owners and 
                operators; and
                    ``(C) take into consideration training programs 
                implemented by owners and operators as of the date of 
                enactment of this subsection.
            ``(3) Financial incentive.--The Administrator may award to 
        a State that develops and implements a strategy described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than $50,000, 
        to be used to carry out the strategy.''.

SEC. 5. REMEDIATION OF MTBE CONTAMINATION.

    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended--
            (1) in paragraph (7)(A)--
                    (A) by striking ``paragraphs (1) and (2) of this 
                subsection'' and inserting ``paragraphs (1), (2), and 
                (12)''; and
                    (B) by striking ``, and including the authorities 
                of paragraphs (4), (6), and (8) of this subsection'' 
                and inserting ``and the authority under section 9011 
                and paragraphs (4), (6), and (8),''; and
            (2) by adding at the end the following:
            ``(12) Remediation of mtbe contamination.--
                    ``(A) In general.--The Administrator and the States 
                may use funds made available under section 9013(2)(B) 
                to carry out corrective actions with respect to a 
                release of methyl tertiary butyl ether that presents a 
                threat to human health or welfare or the environment.
                    ``(B) Applicable authority.--The Administrator or a 
                State shall carry out subparagraph (A)--
                            ``(i) in accordance with paragraph (2); and
                            ``(ii) in the case of a State, in 
                        accordance with a cooperative agreement 
entered into by the Administrator and the State under paragraph (7).''.

SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT.

    (a) Release Prevention and Compliance.--Subtitle I of the Solid 
Waste Disposal Act (42 U.S.C. 6991 et seq.) (as amended by section 4) 
is amended by adding at the end the following:

``SEC. 9011. RELEASE PREVENTION AND COMPLIANCE.

    ``Funds made available under section 9013(2)(D) from the Trust Fund 
may be used to conduct inspections, issue orders, or bring actions 
under this subtitle--
            ``(1) by a State, in accordance with section 9003(h)(7), 
        acting under--
                    ``(A) a program approved under section 9004; or
                    ``(B) any State requirement concerning the 
                regulation of underground storage tanks that is similar 
                or identical to a requirement under this subtitle, as 
                determined by the Administrator; and
            ``(2) by the Administrator, under this subtitle (including 
        under a State program approved under section 9004).''.
    (b) Government-Owned Tanks.--Section 9003 of the Solid Waste 
Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the 
following:
    ``(i) Government-Owned Tanks.--
            ``(1) Compliance strategy.--Not later than 2 years after 
        the date of enactment of this subsection, each State shall 
        submit to the Administrator a strategy to ensure compliance 
        with regulations promulgated under subsection (c) of any 
        underground storage tank that is--
                    ``(A) regulated under this subtitle; and
                    ``(B) owned or operated by the State government or 
                any local government.
            ``(2) Financial incentive.--The Administrator may award to 
        a State that develops and implements a strategy described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than $50,000, 
        to be used to carry out the strategy.''.
    (c) Incentives for Performance.--Section 9006 of the Solid Waste 
Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the 
following:
    ``(e) Incentives for Performance.--In determining the terms of, or 
whether to issue, a compliance order under subsection (a), or the 
amount of, or whether to impose, a civil penalty under subsection (d), 
the Administrator, or a State under a program approved under section 
9004, shall take into consideration whether an owner or operator has--
            ``(1) a history of operating underground storage tanks of 
        the owner or operator in accordance with--
                    ``(A) this subtitle; or
                    ``(B) a State program approved under section 9004; 
                or
            ``(2) implemented a program, consistent with guidelines 
        published under section 9010, that provides training to persons 
        responsible for operating any underground storage tank of the 
        owner or operator.''.
    (d) Authority To Prohibit Certain Deliveries.--Section 9006 of the 
Solid Waste Disposal Act (42 U.S.C. 6991e) (as amended by subsection 
(c)) is amended by adding at the end the following:
    ``(f) Authority To Prohibit Certain Deliveries.--
            ``(1) In general.--After the date on which the 
        Administrator promulgates regulations under paragraph (2), the 
        Administrator, or a State with a program approved under section 
        9004, may prohibit the delivery of regulated substances to 
        underground storage tanks that are not in compliance with--
                    ``(A) a requirement or standard promulgated by the 
                Administrator under section 9003; or
                    ``(B) a requirement or standard of a State program 
                approved under section 9004.
            ``(2) Authority.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator, after 
        consultation with States, shall promulgate regulations that 
        specify--
                    ``(A) the circumstances under which the authority 
                provided by paragraph (1) may be used;
                    ``(B) the process by which the authority provided 
                by paragraph (1) will be used consistently and fairly; 
                and
                    ``(C) such other factors as the Administrator, in 
                cooperation with States, determines to be necessary to 
                carry out this subsection.''.
    (e) Public Record.--Section 9002 of the Solid Waste Disposal Act 
(42 U.S.C. 6991a) is amended by adding at the end the following:
    ``(d) Public Record.--
            ``(1) In general.--The Administrator shall require each 
        State and Indian tribe that receives funds under this subtitle 
        to maintain, update at least annually, and make available to 
        the public, in such manner and form as the Administrator shall 
        prescribe (after consultation with States and Indian tribes), a 
        record of underground storage tanks regulated under this 
        subtitle.
            ``(2) Considerations.--To the maximum extent practicable, 
        the public record of a State or Indian tribe, respectively, 
        shall include, for each year--
                    ``(A) the number, sources, and causes of 
                underground storage tank releases in the State or on 
                tribal land;
                    ``(B) the record of compliance by underground 
                storage tanks in the State or on tribal land with--
                            ``(i) this subtitle; or
                            ``(ii) an applicable State program approved 
                        under section 9004; and
                    ``(C) data on the number of underground storage 
                tank equipment failures in the State or on tribal land.
            ``(3) Availability.--The Administrator shall make the 
        public record of each State and Indian tribe under this section 
        available to the public electronically.''.

SEC. 7. FEDERAL FACILITIES.

    Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f) is 
amended by adding at the end the following:
    ``(c) Review of Federal Underground Storage Tanks.--Not later than 
1 year after the date of enactment of this subsection, the 
Administrator, in cooperation with each Federal agency that owns or 
operates 1 or more underground storage tanks or that manages land on 
which 1 or more underground storage tanks are located, shall review the 
status of compliance of those underground storage tanks with this 
subtitle.
    ``(d) Compliance Strategies.--Not later than 2 years after the date 
of enactment of this subsection, each Federal agency described in 
subsection (c) shall submit to the Administrator and to each State in 
which an underground storage tank described in subsection (c) is 
located, a strategy to ensure the compliance of those underground 
storage tanks with this subtitle.''.

SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
is amended by inserting after section 9011 (as added by section 6(a)) 
the following:

``SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.

    ``The Administrator, in coordination with Indian tribes, shall--
            ``(1) not later than 1 year after the date of enactment of 
        this section, develop and implement a strategy--
                    ``(A) giving priority to releases that present the 
                greatest threat to human health or the environment, to 
                take necessary corrective action in response to 
                releases from leaking underground storage tanks located 
                wholly within the boundaries of--
                            ``(i) an Indian reservation; or
                            ``(ii) any other area under the 
                        jurisdiction of an Indian tribe; and
                    ``(B) to implement and enforce requirements 
                concerning underground storage tanks located wholly 
                within the boundaries of--
                            ``(i) an Indian reservation; or
                            ``(ii) any other area under the 
                        jurisdiction of an Indian tribe; and
            ``(2) not later than 2 years after the date of enactment of 
        this section and every 2 years thereafter, submit to Congress a 
        report that summarizes the status of implementation and 
        enforcement of the leaking underground storage tank program in 
        areas located wholly within--
                    ``(A) the boundaries of Indian reservations; and
                    ``(B) any other areas under the jurisdiction of an 
                Indian tribe.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
(as amended by section 8) is amended by adding at the end the 
following:

``SEC. 9013. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator--
            ``(1) to carry out subtitle I (except sections 9003(h), 
        9005(a), and 9011) $25,000,000 for each of fiscal years 2003 
        through 2007; and
            ``(2) from the Trust Fund, notwithstanding section 
        9508(c)(1) of the Internal Revenue Code of 1986--
                    ``(A) to carry out section 9003(h) (except section 
                9003(h)(12)) $100,000,000 for each of fiscal years 2003 
                through 2007;
                    ``(B) to carry out section 9003(h)(12), 
                $200,000,000 for fiscal year 2003, to remain available 
                until expended;
                    ``(C) to carry out section 9005(a)--
                            ``(i) $35,000,000 for each of fiscal years 
                        2003 and 2004; and
                            ``(ii) $20,000,000 for each of fiscal years 
                        2005 through 2008; and
                    ``(D) to carry out section 9011--
                            ``(i) $50,000,000 for fiscal year 2003; and
                            ``(ii) $30,000,000 for each of fiscal years 
                        2004 through 2008.''.

SEC. 10. CONFORMING AMENDMENTS.

    (a) In General.--Section 9001 of the Solid Waste Disposal Act (42 
U.S.C. 6991) is amended--
            (1) by striking ``For the purposes of this subtitle--'' and 
        inserting ``In this subtitle:'';
            (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), and (8) as paragraphs (10), (7), (4), (3), (8), (5), 
        (2), and (6), respectively;
            (3) by inserting before paragraph (2) (as redesignated by 
        paragraph (2)) the following:
            ``(1) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).''; 
        and
            (4) by inserting after paragraph (8) (as redesignated by 
        paragraph (2)) the following:
            ``(9) Trust fund.--The term `Trust Fund' means the Leaking 
        Underground Storage Tank Trust Fund established by section 9508 
        of the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--
            (1) Section 9003(f) of the Solid Waste Disposal Act (42 
        U.S.C. 6991b(f)) is amended--
                    (A) in paragraph (1), by striking ``9001(2)(B)'' 
                and inserting ``9001(7)(B)''; and
                    (B) in paragraphs (2) and (3), by striking 
                ``9001(2)(A)'' each place it appears and inserting 
                ``9001(7)(A)''.
            (2) Section 9003(h) of the Solid Waste Disposal Act (42 
        U.S.C. 6991b(h)) is amended in paragraphs (1), (2)(C), (7)(A), 
        and (11) by striking ``Leaking Underground Storage Tank Trust 
        Fund'' each place it appears and inserting ``Trust Fund''.
            (3) Section 9009 of the Solid Waste Disposal Act (42 U.S.C. 
        6991h) is amended--
                    (A) in subsection (a), by striking ``9001(2)(B)'' 
                and inserting ``9001(7)(B)''; and
                    (B) in subsection (d), by striking ``section 
                9001(1) (A) and (B)'' and inserting ``subparagraphs (A) 
                and (B) of section 9001(10)''.

SEC. 11. TECHNICAL AMENDMENTS.

    (a) Section 9001(4)(A) of the Solid Waste Disposal Act (42 U.S.C. 
6991(4)(A)) (as amended by section 9(a)(2)) is amended by striking 
``sustances'' and inserting ``substances''.
    (b) 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) of this 
section'' and inserting ``subsections (c) and (d)''.
    (c) Section 9004(a) of the Solid Waste Disposal Act (42 U.S.C. 
6991c(a)) is amended by striking ``in 9001(2) (A) or (B) or both'' and 
inserting ``in subparagraph (A) or (B) of section 9001(7)''.
    (d) Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d) 
(as amended by section 3) is amended--
            (1) in subsection (b), by striking ``study taking'' and 
        inserting ``study, taking'';
            (2) in subsection (c)(1), by striking ``relevent'' and 
        inserting ``relevant''; and
            (3) in subsection (c)(4), by striking ``Evironmental'' and 
        inserting ``Environmental''.
                                 <all>