article: 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.
summary: TABLE OF CONTENTS: Title I: Distributions from Leaking Underground Storage Tank Trust Fund Title II: Extension of Trust Fund Purposes Leaking Underground Storage Tank Trust Fund Amendments Act of 1997 - Title I: Distributions from Leaking Underground Storage Tank Trust Fund - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements; (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources (excluding resources provided by such programs) are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business; (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs. Title II: Extension of Trust Fund Purposes - Amends the Internal Revenue Code to authorize use of amounts in the Trust Fund for making expenditures to carry out this Act.