WASHINGTON, D.C. – Faulty underground gasoline storage tanks have been responsible for leaking untold quantities of toxic chemicals into our nation’s groundwater. In an effort to bolster the federal program charged with preventing and cleaning up these leaks, Congresswoman Lois Capps today introduced the Underground Storage Tank Reform and Compliance Act of 2003. This bill will strengthen the environmental and public health protections in the Leaking Underground Storage Tank (LUST) program by enhancing polluter accountability, community education, and pollutant containment provisions. In doing so, it will help protect communities from the financial and health risks of groundwater pollution.
“My bill would protect states and localities from having to foot the bill for cleaning up leaking underground storage tanks while the polluters get off scot-free. It would also make sure residents have the information they need about contamination in their communities to keep their families healthy,” said Capps. “I am appalled that some in Congress have proposed legislation that would actually protect polluters from being held accountable for contamination. We need to act now to make sure this program has enough funding and real enforcement mechanisms to force those responsible to pay up.”
There are approximately 700,000 underground storage tanks in the United States, most containing gasoline, diesel fuel, and other toxic chemicals. As of March 2003, there have been more than 430,000 confirmed leaks from such tanks, many involving gasoline containing MTBE. These leaks have resulted in polluted drinking water in communities throughout the country, costing them millions in clean up, remediation, and countless public health consequences.
According to the California Central Coast Regional Water Quality Control Board, there are 93 known contaminated sites in Santa Barbara County; 48 sites in San Luis Obispo County, including serious levels of MTBE discovered in Morro Bay, Los Osos, and Cambria; and more than 50 sites in Ventura County, including serious levels of MTBE in Oxnard, El Rio, and Port Hueneme.
Despite Congress’ creation of a Leaking Underground Storage Tank program, there remain significant barriers to prevention, clean up, community education, and polluter accountability. Capps’ legislation will strengthen the LUST program through the following provisions:
Polluter Pays: Protects the longstanding “polluter pays” principle by forcing polluters, rather than taxpayers, to pay for the clean up of contamination.
Community Right to Know: Honors the public’s right to know requirement by making an electronic list of tanks that violate law publicly available.
Inspections: Requires physical inspections of tanks at least once every two years.
Operator Training and Education: Requires mandatory training for people who manage or operate underground storage tanks.
Delivery Prohibitions: Prohibits the delivery of supplies to underground tanks when the tank is leaking or otherwise not in compliance.
Secondary Containment: Requires the use of secondary containment to provide an added barrier of protection for all new or replacement systems.
Penalties: Includes substantial new penalties, including new criminal penalties, for violating public health or environmental protection laws.
Authorization: Authorizes the full use of the Underground Storage Tank program’s $2 billion trust fund reserves.
Earlier this year, Capps introduced related legislation, the Drinking Water Protection Act, which would allow Congress to spend up to $200 million each year from the Leaking Underground Storage Tank Trust Fund. The fund, created by a .1 cent-per-gallon motor fuel tax, has an existing balance of $2.1 billion, but Congress has only spent about 40% of its available funds since its inception. The Drinking Water Protection Act would increase available spending from the trust fund to make sure states and communities have access to resources for swift remediation efforts in the case of groundwater contamination.
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