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Union Calendar No. 40
105th CONGRESS
1st Session
H. R. 688
[Report No. 105-58, Part I]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
April 17, 1997
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union, and ordered to be printed
Union Calendar No. 40
105th CONGRESS
1st Session
H. R. 688
[Report No. 105-58, Part I]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 1997
Mr. Dan Schaefer of Colorado (for himself, Mr. Stupak, Mr. Oxley, Mr.
Norwood, Mr. Burr of North Carolina, Mr. Livingston, Mr. McHugh, Mr.
Skeen, Ms. Norton, Mr. Bereuter, Ms. Christian-Green, Mr. Nethercutt,
Mr. Bachus, Mr. Klug, Mr. Parker, Mr. Graham, Mr. Deal of Georgia, Mr.
Gillmor, Ms. Rivers, Mr. Taylor of North Carolina, Mr. McIntosh, Mr.
Doyle, Mr. LaFalce, Mrs. Myrick, Mr. Gekas, Mrs. Thurman, Mr. Watkins,
Mr. Lucas of Oklahoma, Mr. Hefley, Mr. Porter, Mr. McDade, Mr. Canady
of Florida, Mr. Dooley of California, Mr. Ehlers, Mr. Spratt, Mr.
Hilleary, Mr. Bob Schaffer of Colorado, Mr. Kanjorski, Mr. Crapo, Mr.
Tauzin, and Mr. McCrery) introduced the following bill; which was
referred to the Committee on Commerce, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
April 17, 1997
Reported from the Committee on Commerce
April 17, 1997
Referral to the Committee on Ways and Means extended for a period
ending not later than April 17, 1997
April 17, 1997
Additional sponsors: Mr. Ballenger, Mr. Hefner, Mr. Aderholt, Mr. Price
of North Carolina, Mrs. Cubin, Mr. Greenwood, Mr. LaHood, Mr. Upton,
Mr. Frelinghuysen, Mr. Hamilton, Mr. Jones, Mr. Smith of Michigan, Mr.
Camp, Mr. Rush, Mr. Largent, Mr. Barton of Texas, Mr. LoBiondo, Mr.
Klink, Mr. Fox of Pennsylvania, Mr. LaTourette, Mr. Buyer, Mr. Combest,
Mr. Holden, Mr. Stenholm, Mr. Wicker, Mr. Radanovich, Mr. Pallone, Mr.
Paxon, Mr. Pastor, Mr. Barrett of Nebraska, and Mr. Tiahrt
April 17, 1997
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union, and ordered to be printed
_______________________________________________________________________
A BILL
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''.
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 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 section 9004(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 section 9004(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 section
9004(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
section 9004(c)(1) for releases from underground storage tanks
are not subject to cost recovery by the Administrator under
section 9003(h)(6).''.
(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 such Act''.
(c) 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''.
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