(Sec. 3) Requires the Administrator or a State with an approved program to require compliance inspections of USTs at least once every two years.
(Sec. 4) Directs the Administrator to publish operator training guidelines and States to develop and implement a training strategy consistent with stated requirements.
(Sec. 5) Authorizes the use of funds made available for the petroleum response program to carry out corrective actions with respect to methyl tertiary butyl ether (MTBE) releases.
(Sec. 6) Authorizes the use of funds for inspections, orders, or enforcement by a State in accordance with State authorities under the petroleum response program acting under an approved prevention and compliance program or similar State requirements or by the Administrator. Requires States to submit to the Administrator implementation reports on State- or local-owned USTs. Provides additional funds to States that develop the reports.
Permits the consideration of an owner or operator's violation history when a State or the Administrator enforces compliance.
Authorizes a State or the Administrator to prohibit the delivery of regulated substances (motor fuels) to non-compliant tanks. Provides temporary relief for certain tanks in remote locations.
Requires States and Indian tribes to maintain a current list of regulated USTs.
(Sec. 7) Requires implementation reports by any Federal agency responsible for USTs which list the USTs and describe compliance actions.
(Sec. 8) Requires the Administrator and Indian Tribes to correct UST releases on Indian lands, treating those posing the greatest threat to human health or the environment first.
(Sec. 9) Permits States to establish requirements more stringent than the Federal requirements.
(Sec. 10) Authorizes appropriations for FY 2003 through 2007.
[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>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13704-13705)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S13705-13707)
Subcommittee on Superfund and Waste Management. Hearings held at Pascoag, RI. Committee on Environment and Public Works.
Committee on Environment and Public Works Subcommittee on Superfund and Waste Management. Hearings held and concluded. With printed Hearing: S.Hrg. 107-953.
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Environment and Public Works. Reported by Senator Jeffords with an amendment in the nature of a substitute. With written report No. 107-316.
Committee on Environment and Public Works. Reported by Senator Jeffords with an amendment in the nature of a substitute. With written report No. 107-316.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 732.
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