Home > 105th Congressional Bills > H.R. 688 (rh) To amend the Solid Waste Disposal Act to require at least 85 percent of ...H.R. 688 (rh) To amend the Solid Waste Disposal Act to require at least 85 percent of ...
105th CONGRESS
1st Session
H. R. 688
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 1997
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To amend the Solid Waste Disposal Act to require at least 85 percent of
funds appropriated to the Environmental Protection Agency from the
Leaking Underground Storage Tank Trust Fund to be distributed to States
for cooperative agreements for undertaking corrective action and for
enforcement of subtitle I of such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leaking Underground Storage Tank
Trust Fund Amendments Act of 1997''.
TITLE I--DISTRIBUTIONS FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND
SEC. 101. LEAKING UNDERGROUND STORAGE TANKS.
(a) Trust Fund Distribution.--Section 9004 of the Solid Waste
Disposal Act (42 U.S.C. 6991c) is amended by adding at the end the
following new subsection:
``(f) Trust Fund Distribution to States.--
``(1) In general.--(A) The Administrator shall distribute
to States at least 85 percent of the funds appropriated to the
Environmental Protection Agency from the Leaking Underground
Storage Tank Trust Fund (in this subsection referred to as the
`Trust Fund') each fiscal year for the reasonable costs under
cooperative agreements entered into with the Administrator for
the following:
``(i) States' actions under section 9003(h)(7)(A).
``(ii) Necessary administrative expenses directly
related to corrective action and compensation programs
under subsection (c)(1).
``(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.
``(iv) State and local corrective actions pursuant
to regulations promulgated under section 9003(c)(4).
``(v) Corrective action and compensation programs
under subsection (c)(1) for releases from underground
storage tanks regulated under this subtitle in any
instance, as determined by the State, in which 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.
``(B) Funds provided by the Administrator under
subparagraph (A) may not be used by States for purposes of
providing financial assistance to an owner or operator in
meeting the requirements respecting underground storage tanks
contained in section 280.21 of title 40 of the Code of Federal
Regulations (as in effect on the date of the enactment of this
subsection) or similar requirements in State programs approved
under this section or similar State or local provisions.
``(2) Allocation.--
``(A) Process.--In the case of a State that the
Administrator has entered into a cooperative agreement
with under section 9003(h)(7)(A), the Administrator
shall distribute funds from the Trust Fund to the State
using the allocation process developed by the
Administrator for such cooperative agreements.
``(B) Revisions to process.--The Administrator may
revise such 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, the total revenue received from each
State into the Trust Fund, the number of
confirmed releases from leaking underground
storage tanks in each State, the number of
notified petroleum storage tanks in each State,
and the percent of the population of each State
using groundwater for any beneficial purpose.
``(3) Recipients.--Distributions from the Trust Fund under
this subsection shall be made directly to the State agency
entering into a cooperative agreement or enforcing the State
program.
``(4) Cost recovery prohibition.--Funds provided to States
from the Trust Fund to owners or operators for programs under
subsection (c)(1) for releases from underground storage tanks
are not subject to cost recovery by the Administrator under
section 9003(h)(6).''.
(b) Technical Amendments.--Subtitle I of the Solid Waste Disposal
Act (42 U.S.C. 6991 et seq.) is amended as follows:
(1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is amended by
striking out ``sustances'' and inserting in lieu thereof
``substances''.
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended
by striking out ``subsection (c) and (d)'' and inserting in
lieu thereof ``subsections (c) and (d)''.
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by
striking out ``in 9001(2)(A)'' and inserting in lieu thereof
``in section 9001(2)(A)''.
(4) Section 9005 (42 U.S.C. 6991d) is amended--
(A) in subsection (a), by striking out ``study
taking'' and inserting in lieu thereof ``study,
taking'';
(B) in subsection (b)(1), by striking out
``relevent'' and inserting in lieu thereof
``relevant''; and
(C) in subsection (b)(4), by striking out
``Evironmental'' and inserting in lieu thereof
``Environmental''.
TITLE II--EXTENSION OF TRUST FUND PURPOSES
SEC. 201. EXTENSION OF TRUST FUND PURPOSES.
Paragraph (1) of section 9508(c) 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 the 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 the enactment of the
Leaking Underground Storage Tank Trust Fund Amendments
Act of 1997).''
Passed the House of Representatives April 23, 1997.
Attest:
ROBIN H. CARLE,
Clerk.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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