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H.R. 2734 (ih) To amend the Internal Revenue Code of 1986 to repeal the 50-percent limitation on business meals and entertainment. [Introduced in House] ...


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108th CONGRESS
  1st Session
                                H. R. 2733

  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 HOUSE OF REPRESENTATIVES

                             July 15, 2003

  Mr. Burr (for himself, Mr. Fossella, Mr. Towns, Mr. Gordon, and Mr. 
   Boucher) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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 2003''.

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--
                            ``(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 State or local regulations 
                        pertaining to underground storage tanks 
                        regulated under this subtitle; or
                            ``(v) State or local corrective actions 
                        carried out under regulations promulgated under 
                        section 9003(c).
                    ``(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.
                    ``(B) Diversion of state funds.--
                            ``(i) In general.--The Administrator shall 
                        not distribute funds under subsection (a)(3) to 
                        any State that has diverted funds from the 
                        State's State fund or State assurance program, 
                        with the exception of those transfers that had 
                        been completed earlier than the date of 
                        enactment of this subsection.
                            ``(ii) Use of withheld funds.--The 
                        Administrator shall allocate funds withheld 
                        under clause (i) to other States in accordance 
                        with the allocation process developed by the 
                        Administrator.
                    ``(C) 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 State agencies 
                        responsible for overseeing corrective action 
                        for releases from underground storage tanks; 
                        and
                            ``(ii) taking into consideration, at a 
                        minimum, each of the following:
                                    ``(I) The total tax revenue 
                                contributed to the Trust Fund from all 
                                sources within the State.
                                    ``(II) The number of confirmed 
                                releases from federally regulated 
                                leaking underground storage tanks in 
                                the State.
                                    ``(III) The number of federally 
                                regulated underground 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.
                                    ``(VII) The ability of the State to 
                                use the funds referred to in 
                                subparagraph (A) in any year.
            ``(3) Distributions to state agencies.--Distributions from 
        the Trust Fund under this subsection shall be made directly to 
        a State agency that
                    ``(A) enters into a cooperative agreement referred 
                to in paragraph (2)(A); or
                    ``(B) is enforcing a State program approved under 
                this section.
            ``(4) Cost recovery prohibition.--Funds from the Trust Fund 
        provided by States to owners or operators under paragraph 
        (1)(A)(iii) 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 by inserting the following new subsection at the end thereof:
    ``(c)  Inspection Requirements.--Not later than 2 years after the 
date of enactment of this subsection, the Administrator or a State that 
receives funding from this subtitle, shall conduct on-site inspections 
of all underground storage tanks regulated under this subtitle that 
have not undergone such inspection since December 22, 1998, to 
determine compliance with this subtitle.
    ``(d) State Compliance Programs.--Each State that receives funding 
from this subtitle shall, not later than 2 years after the date of 
enactment of this subsection, develop, in cooperation with the 
Administrator, a State Compliance Assurance Program to ensure that all 
underground storage tanks regulated under this subtitle remain 
compliant with this subtitle. Such programs shall:
            ``(1) include a frequency of inspection requirement; and
            ``(2) provide that inspections conducted under such 
        programs shall be conducted either pursuant to a State program 
        approved under section 9004 or pursuant to a cooperative 
        agreement with the Administrator, or an alternative State 
        inspection program, as approved by the Administrator, as a 
        component of an integrated underground storage tank enforcement 
        program including targeted and for cause inspections.''.

SEC. 4. OPERATOR TRAINING.

    Section 9010 of the Solid Waste Disposal Act is amended to read as 
follows:

``SEC. 9010. OPERATOR TRAINING.

    ``(a) Guidelines.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2003, 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 each of the following:
                    ``(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.
                    ``(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 
        $200,000, to be used to carry out the strategy.''.

SEC. 5. REMEDIATION FROM ETHER FUEL ADDITIVES.

    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended as follows:
            (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),''.
            (2) By adding at the end the following:
            ``(12) Remediation of ether fuel 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 an ether fuel additive 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) in accordance 
                with paragraph (2), and 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 of 
this Act) is amended by adding at the end the following:

``SEC. 9011. USE OF FUNDS FOR 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 a grant or cooperative 
        agreement with the Administrator, of State regulations 
        pertaining to underground storage tanks regulated under this 
        subtitle; 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) Implementation report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, each State shall 
                submit to the Administrator an implementation report 
                that--
                            ``(i) lists the location and owner of each 
                        underground storage tank described in 
                        subparagraph (B) in the State that, as of the 
                        date of submission of the report, is not in 
                        compliance with this subtitle;
                            ``(ii) specifies the date of the last 
                        inspection by a State or Federal inspector of 
                        each underground storage tank described in 
                        clause (i);
                            ``(iii) lists each violation of this 

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