“We are here today to make these technical corrections because of sloppy, hasty drafting during consideration of the Energy Policy Act of 2005. As Ranking Democrat of the Environment and Hazardous Materials Subcommittee which has authorization over the leaking underground storage tank program, I will support the policy fix included in H.R. 6131. However, this bill should not mask the failure of the Bush Administration and the Republican-led Congress to adequately fund this federal program.

“The leaking underground storage tank program is responsible for protecting groundwater and local drinking water supplies by preventing and cleaning up MTBE and petroleum contamination from leaking underground storage tanks in our communities. More than a year ago, Congress dramatically increased the funding authorization for the EPA Leaking Underground Storage Tank Program to $605 million annually. This increase is necessary to support additional cleanups of leaking tanks, and to ensure states have funding to carry out new inspection, operator training, delivery prohibition and secondary containment requirements.

“However, President Bush proposed a reduction in funding to cleanup MTBE and petroleum from the tens of thousands of leaking tanks throughout this country in his FY 2007 budget. This budget, which has been approved by this rubber-stamp Congress, is outrageous.

“During this time of high gas prices American’s are being taxed one-tenth of one cent for every gallon of gasoline they purchase with the expectation this money will be contributed to the leaking underground storage tank trust fund and released to help cleanup contamination. This tax on the American public raises $190 million every year and by the end of fiscal year 2007 the trust fund will have a surplus of more than $2.7 billion.

“Yet, President Bush only sought $72.8 million for cleanup and protection of our water supplies, an amount the Republican led Congress rubber stamped in the spending bill for the EPA. This amount is nearly $120 million less than what taxpayers will be contributing next year. Rather than use this money to clean up contamination and protect water supplies, the Administration and the Republican led Congress are holding onto this money to offset the cost of Republican budget priorities such as tax cuts for the wealthy!

“Congress acted in the Energy Policy Act of 2005 to take steps to prevent leaks before they occur by adding new requirements for inspections, operator training, delivery prohibition and secondary containment. During consideration of EPACT Congress authorized $155 million annually to carry out these prevention activities. Yet, President Bush only requested $37.5 million in his FY 2007 budget – only 24% of what Congress authorized!

“This Congress appropriated even less - only $17.5 million – only 9% of what we authorized for this program. As a result of Congress’ failure to adequately fund this program states are facing growing unfunded mandates. Between FY 2005 and FY 2007, states have lost $899 million in federal support for all programs. This lack of federal support is leading states to consider turning back their programs to the federal government --- including their tank programs.

“In a letter dated December 9, 2005, a coalition of State officials, gasoline marketers, convenience store owners, stated “if the Administration and Congress do not break with tradition and appropriate significantly higher amounts from the Fund in the coming years, EPA and the States will be unable to implement these important reforms.” It is unacceptable that our states are being saddled with unfunded mandates. There is absolutely no reason to justify saddling our states with unfunded mandates and failing to appropriately use taxpayer dollars! Mr. Speaker, I ask unanimous consent that a letter Ranking Member Dingell and I sent to the EPA and the EPA’s response be inserted into the record.

“The President’s budget and the actions taken by this rubber-stamp Congress will result in more leaking tanks, more contamination of drinking water supplies, fewer cleanups and very real adverse impacts on the public health and environment of our communities. I support H.R. 6131 and the necessary technical changes it makes, but we must not ignore the real issue at hand – the failure of this president and the Republican led Congress to prevent contamination of our water supplies and protect public health.

"I yield back the balance of my time."