HOUSE CONCURRENT RESOLUTION NO. 45
(By Delegate Morgan)
Urging the Congress of the United States of America to increase the
annual appropriation of funds from the Leaking Underground
Trust Fund for the purpose of cleaning up abandoned and
leaking underground storage tanks and to take into account the
number of releases attributed to tanks without a viable owner
in distributing the funds to the states.
Whereas, Underground storage tanks that leak petroleum or other
hazardous substance can contaminate nearby soil and groundwater
putting human health and the environment at risk and West Virginia
has an estimated 750 abandoned tanks at approximately 380 sites
without a viable owner; and
Whereas, Many of the abandoned sites in West Virginia are
located along our major roads and highways, and because of the
contamination or perceived contamination these properties are not
being redeveloped and returned to productive use; and
Whereas, Congress created the Leaking Underground Storage Tank
Trust Fund in 1986 by amending Subtitle I of the Resource
Conservation and Recovery Act. The Trust Fund is financed by a 0.1
cent tax on each gallon of motor fuel sold nationwide; and
Whereas, For fiscal year 2008, Congress appropriated only $76
million from the fund for the United States Environmental
Protection Agency and the states to clean up releases and to
oversee cleanup activities; and
Whereas, The Trust Fund has a surplus that is expected to grow
to $3.0 billion by the end of fiscal year 2008 and the interest on
the amounts in the Trust Fund now exceed annual appropriations by
Congress; and
Whereas, The Congress enacted The Energy Policy Act of 2005
that authorizes appropriations from the LUST Trust Fund through
fiscal year 2011 of $555 million per year. This annual amount
includes $200 million for cleanups of releases from leaking
underground storage tanks; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby urges the Congress
of the United States of America to increase the annual
appropriation of funds from the Leaking Underground Trust Fund for
the purpose of cleaning up abandoned and leaking underground
storage tanks and to take into account the number of releases
attributed to tanks without a viable owner in distributing the
funds to the states; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Clerk of the
United States House of Representatives, to the Secretary of the United States Senate, to the President of the United States and to
the members of the West Virginia Congressional Delegation.
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