[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[Senate]
[Pages S13704-S13707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE (for himself, Mr. Carper, Mr. Smith of New 
        Hampshire, Mr. Jeffords, and Mr. Inhofe):
  S. 1850. 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; to the Committee on Environment and Public Works.
  Mr. CHAFEE. Mr. President, today I introduce the Underground Storage 
Tank Compliance Act of 2001. This legislation will bring all 
underground storage tanks, USTs, into compliance with Federal law and 
finish the work begun seventeen years ago with enactment of the UST 
provisions of the Solid Waste Disposal Act. The legislation will 
emphasize leak prevention and compliance with existing statutes. In 
addition, this bipartisan bill will assist communities in coping with 
the contamination of groundwater and oil by methl tertiary butyl ether, 
MTBE.
  In 1984, Congress enacted as Subtitle I of the Solid Waste Disposal 
Act a comprehensive program to address the problem of leaking 
underground storage tanks. With the goal of protecting the Nation's 
groundwater from leaking tanks, the 1984 law imposed minimum Federal 
requirements for leak detection and prevention standards for USTs. In 
1988, owners and operators of existing underground storage tank systems 
were given a ten-year window to upgrade, replace, or close tanks that 
didn't meet minimum federal requirements for spill, overfill, and 
corrosion protection. As the deadline passed on December 22, 1988, many 
underground storage tanks failed to meet the federal standards.
  To assess the situation, Senator Smith of New Hampshire and I 
commissioned the U.S. General Accounting Office, GAO, to examine 
compliance of USTs with Federal requirements. GAO concluded in May 2001 
that only 89 percent of tanks were meeting Federal equipment standards. 
In addition, it also discovered that only 71 percent were being 
operated and maintained properly. GAO cited infrequent tank inspections 
and limited funding among the contributing factors.
  Communities across the Nation have borne the brunt of our failure to 
prevent tank releases. Gasoline and fuel

[[Page S13705]]

additives, such as MTBE, have contaminated groundwater and rendered it 
undrinkable. The Village of Pascoag, RI is just one community that has 
suffered from MTBE contamination that can be traced to leaking 
underground storage tanks. For months, residents of Pascoag have been 
unable to use the water supply for drinking, bathing, or cooking. 
Hundreds of thousands of dollars are being spent to dilute the water 
with a neighboring communities' supply, to install water filtration 
systems, and to bring new wells on-line. Additional money will be spent 
to remediate the contamination and to take enforcement action against 
the owners of the leaking tanks. Unfortunately, this is not an isolated 
incident. A similar story can be told in countless communities from New 
Hampshire, to New York, to California.
  To address these issues, the legislation that I introduce today, 
together with Senators Carper, Smith of New Hampshire, Jeffords, and 
Inhofe, requires the inspection of all tanks every two years and 
increases Federal emphasis on the training tank operators. It simply 
does not make sense to install modern, protective equipment if the 
people who operate them do so improperly. Enforcement of existing 
requirements, rather than creating new requirements, is an important 
element of our bill. In addition, the legislation emphasizes compliance 
of tanks owned by Federal, State, and local governments, and provides 
$200 million for cleanup of sites contaminated by MTBE. Finally, the 
legislation provides increased funding to carry out the program, which 
the GAO has identified as critical to the success of the UST program.
  Since its inception in 1984, the UST program has been largely 
successful. More than one million outdated tanks have successfully been 
closed or removed, and countless cleanups have been undertaken. We have 
come a long way, but we must go further. Our legislation will build 
upon the successes of yesterday, so that we may enjoy the successes of 
tomorrow. I look forward to working with all of my colleagues to move 
this important bipartisan legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill ordered to be printed in the 
Record, as follows:

                                S. 1850

       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

[[Page S13706]]

     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

[[Page S13707]]

       ``(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''.
                                 ______