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                                                       PRINTER'S NO. 856

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE RESOLUTION

No. 125 Session of 2005


        INTRODUCED BY M. WHITE, MUSTO, BOSCOLA, ARMSTRONG, COSTA,
           TARTAGLIONE, KITCHEN, EARLL, ORIE, FERLO, LOGAN, ERICKSON,
           GORDNER, O'PAKE, WENGER, LEMMOND, RAFFERTY, D. WHITE,
           PILEGGI, WAUGH, CONTI, RHOADES, SCARNATI, STOUT, GREENLEAF,
           PIPPY, WOZNIAK AND THOMPSON, MAY 26, 2005

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 26, 2005

                                  A RESOLUTION

     1  Encouraging the Congress of the United States and the United
     2     States Environmental Protection Agency to release funds to
     3     the states from the Leaking Underground Storage Tank Trust
     4     Fund.

     5     WHEREAS, In 1989 the Commonwealth of Pennsylvania passed the
     6  Storage Tank and Spill Prevention Act, becoming one of the
     7  largest industrial states to regulate underground storage tanks
     8  to protect ground and surface water and to comply with a Federal
     9  mandate to regulate these tanks; and
    10     WHEREAS, There are more than 56,300 underground storage tanks
    11  in the Commonwealth of Pennsylvania owned by service stations,
    12  farmers, local governments, petroleum product distributors,
    13  convenience stores, small businesses, truck stops and food
    14  merchants; and
    15     WHEREAS, The owners of underground tanks pay more than $3.8
    16  million in fees every year to support the Storage Tank Program
    17  of the Department of Environmental Protection and now face fee


     1  increases that would in most cases triple the existing rates;
     2  and
     3     WHEREAS, The Storage Tank Advisory Committee has offered to
     4  work with the Department of Environmental Protection to reduce
     5  administrative costs of the Storage Tank Program; and
     6     WHEREAS, Underground tank owners in the Commonwealth of
     7  Pennsylvania pay more than $29 million in fees for leak cleanup
     8  insurance every year to the Underground Storage Tank
     9  Indemnification Fund in response to a Federal mandate to have
    10  spill cleanup coverage; and
    11     WHEREAS, While Pennsylvania gasoline and diesel fuel
    12  consumers pay more than $6.4 million to the Leaking Underground
    13  Storage Tank Trust Fund every year, the Commonwealth of
    14  Pennsylvania receives only $1.8 million in return to help fund
    15  the Storage Tank Program; and
    16     WHEREAS, The Leaking Underground Storage Tank Trust Fund now
    17  has a balance of more than $2 billion that could be allocated to
    18  states to offset the administrative costs of the Storage Tank
    19  Program; and
    20     WHEREAS, The Congress is now considering changes to Federal
    21  requirements covering underground storage tanks that may impose
    22  additional unfunded mandates on states responsible for
    23  administering Federal storage tank regulations; therefore be it
    24     RESOLVED, That the Senate of the Commonwealth of Pennsylvania
    25  strongly encourage the Congress and the United States
    26  Environmental Protection Agency to take the steps necessary to
    27  redistribute more of the $2 billion in the Leaking Underground
    28  Storage Tank Trust Fund to states to offset administrative costs
    29  of the federally mandated program; and be it further
    30     RESOLVED, That these actions be accomplished as soon as
    20050S0125R0856                  - 2 -     

     1  practicable to help the Commonwealth of Pennsylvania avoid
     2  unnecessary fee increases for owners of underground storage
     3  tanks; and be it further
     4     RESOLVED, That copies of this resolution be transmitted to
     5  the administrator of the Environmental Protection Agency, to the
     6  presiding officers of each house of Congress and to each member
     7  of Congress from Pennsylvania.
















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