Leaking Underground Storage Tanks: Program Status and Issues

Publication Date: April 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

To address a nationwide pollution problem caused by leaking underground storage tanks (USTs), Congress created a leak prevention, detection, and cleanup program in 1984. In 1986, Congress established the Leaking Underground Storage Tank (LUST) Trust Fund to help the Environmental Protection Agency (EPA) and states pay the costs of cleaning up leaking petroleum USTs where owners fail to do so, and to oversee LUST cleanup activities. Much progress has been made in the program, but challenges remain. A major issue concerns the discovery of methyl tertiary butyl ether (MTBE) at thousands of LUST sites. This gasoline additive, used to reduce air pollution from auto emissions, is very water soluble, and leaks involving MTBE are more costly to remediate. Another issue is that state resources have not met the demands of overseeing the UST regulatory program. States have long sought larger appropriations from the trust fund to support the LUST program, and some have sought more flexibility in using LUST funds. The presence of MTBE in water supplies has raised congressional interest in authorizing fund appropriations to address MTBE leaks and enforce the leak prevention program.

The 109th Congress has taken up legislation to address these issues. The Senate Environment and Public Works Committee has ordered reported S. 606, which limits the use of MTBE, and authorizes trust fund appropriations for cleaning up MTBE leaks and enforcing the UST program. The House Energy and Commerce Committee has offered an energy bill discussion draft that mirrors H.R. 6 from the 108th Congress; the draft limits MTBE use and adds new provisions to the UST program. The discussion draft also provides a products liability safe harbor for MTBE and renewable fuels, while S. 606 grants a safe harbor to renewable fuels only. This report reviews LUST and MTBE issues and legislation, and will be updated.