I 

109TH CONGRESS 

1ST SESSION H. R. 3062 

To reduce the instances of releases from underground storage tanks by 

strengthening tank inspections, operator training, program enforcement, 

oxygenated fuel cleanup, and providing States greater Federal resources 

from the Leaking Underground Storage Tank Trust Fund. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2005 

Mr. GILLMOR (for himself and Mr. FOSSELLA) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To reduce the instances of releases from underground storage 

tanks by strengthening tank inspections, operator training, program enforcement, oxygenated fuel cleanup, and 

providing States greater Federal resources from the 

Leaking Underground Storage Tank Trust Fund. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Underground Stor5 age Tank Compliance Act of 2005’’. 
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1 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 

2 (a) IN GENERAL.—Section 9004 of the Solid Waste 

3 Disposal Act (42 U.S.C. 6991c) is amended by adding at 

4 the end the following: 

5 ‘‘(f) TRUST FUND DISTRIBUTION.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) AMOUNT AND PERMITTED USES OF

8 DISTRIBUTION.—The Administrator shall dis9 tribute to States not less than 80 percent of the 

10 funds from the Trust Fund that are made 

11 available to the Administrator under section 

12 9014(2)(A) for each fiscal year for use in pay13 ing the reasonable costs, incurred under a coop14 erative agreement with any State for— 

15 ‘‘(i) corrective actions taken by the 

16 State under section 9003(h)(7)(A); 

17 ‘‘(ii) necessary administrative ex18 penses, as determined by the Adminis19 trator, that are directly related to State 

20 fund or State assurance programs under 

21 subsection (c)(1); or 

22 ‘‘(iii) enforcement, by a State or a 

23 local government, of State or local regula24 tions pertaining to underground storage 

25 tanks regulated under this subtitle. 
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1 ‘‘(B) USE OF FUNDS FOR ENFORCE2 MENT.—In addition to the uses of funds au3 thorized under subparagraph (A), the Adminis4 trator may use funds from the Trust Fund that 

5 are not distributed to States under subpara6 graph (A) for enforcement of any regulation 

7 promulgated by the Administrator under this 

8 subtitle. 

9 ‘‘(C) PROHIBITED USES.—Funds provided 

10 to a State by the Administrator under subpara11 graph (A) shall not be used by the State to pro12 vide financial assistance to an owner or oper13 ator to meet any requirement relating to under14 ground storage tanks under subparts B, C, D, 

15 H, and G of part 280 of title 40, Code of Fed16 eral Regulations (as in effect on the date of en17 actment of this subsection). 

18 ‘‘(2) ALLOCATION.— 

19 ‘‘(A) PROCESS.—Subject to subparagraphs 

20 (B) and (C), in the case of a State with which 

21 the Administrator has entered into a coopera22 tive agreement under section 9003(h)(7)(A), 

23 the Administrator shall distribute funds from 

24 the Trust Fund to the State using an allocation 

25 process developed by the Administrator. 
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1 ‘‘(B) DIVERSION OF STATE FUNDS.—The 

2 Administrator shall not distribute funds under 

3 subparagraph (A)(iii) of subsection (f)(1) to 

4 any State that has diverted funds from a State 

5 fund or State assurance program for purposes 

6 other than those related to the regulation of un7 derground storage tanks covered by this sub8 title, with the exception of those transfers that 

9 had been completed earlier than the date of en10 actment of this subsection. 

11 ‘‘(C) REVISIONS TO PROCESS.—The Ad12 ministrator may revise the allocation process re13 ferred to in subparagraph (A) after— 

14 ‘‘(i) consulting with State agencies re15 sponsible for overseeing corrective action 

16 for releases from underground storage 

17 tanks; and 

18 ‘‘(ii) taking into consideration, at a 

19 minimum, each of the following: 

20 ‘‘(I) The number of confirmed re21 leases from federally regulated leaking 

22 underground storage tanks in the 

23 States. 
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1 ‘‘(II) The number of federally 

2 regulated underground storage tanks 

3 in the States. 

4 ‘‘(III) The performance of the 

5 States in implementing and enforcing 

6 the program. 

7 ‘‘(IV) The financial needs of the 

8 States. 

9 ‘‘(V) The ability of the States to 

10 use the funds referred to in subpara11 graph (A) in any year. 

12 ‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.— 

13 Distributions from the Trust Fund under this sub14 section shall be made directly to a State agency 

15 that— 

16 ‘‘(A) enters into a cooperative agreement 

17 referred to in paragraph (2)(A); or 

18 ‘‘(B) is enforcing a State program ap19 proved under this section.’’. 

20 (b) WITHDRAWAL OF APPROVAL OF STATE

21 FUNDS.—Section 9004(c) of the Solid Waste Disposal Act 

22 (42 U.S.C. 6991c(c)) is amended by inserting the fol23 lowing new paragraph at the end thereof: 

24 ‘‘(6) WITHDRAWAL OF APPROVAL.—After an 

25 opportunity for good faith, collaborative efforts to 
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1 correct financial deficiencies with a State fund, the 

2 Administrator may withdraw approval of any State 

3 fund or State assurance program to be used as a fi4 nancial responsibility mechanism without with5 drawing approval of a State underground storage 

6 tank program under section 9004(a).’’. 

7 (c) ABILITY TO PAY.—Section 9003(h)(6) of the 

8 Solid Waste Disposal Act (42 U.S.C. 6591a(h)(6)) is 

9 amended by adding the following new subparagraph at the 

10 end thereof: 

11 ‘‘(E) INABILITY OR LIMITED ABILITY TO

12 PAY.— 

13 ‘‘(i) IN GENERAL.—In determining 

14 the level of recovery effort, or amount that 

15 should be recovered, the Administrator (or 

16 the State pursuant to paragraph (7)) shall 

17 consider the owner or operator’s ability to 

18 pay. An inability or limited ability to pay 

19 corrective action costs must be dem20 onstrated to the Administrator (or the 

21 State pursuant to paragraph (7)) by the 

22 owner or operator. 

23 ‘‘(ii) CONSIDERATIONS.—In deter24 mining whether or not a demonstration is 

25 made under clause (i), the Administrator 
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1 (or the State pursuant to paragraph (7)) 

2 shall take into consideration the ability of 

3 the owner or operator to pay corrective ac4 tion costs and still maintain its basic busi5 ness operations, including consideration of 

6 the overall financial condition of the owner 

7 or operator and demonstrable constraints 

8 on the ability of the owner or operator to 

9 raise revenues. 

10 ‘‘(iii) INFORMATION.—An owner or 

11 operator requesting consideration under 

12 this subparagraph shall promptly provide 

13 the Administrator (or the State pursuant 

14 to paragraph (7)) with all relevant infor15 mation needed to determine the ability of 

16 the owner or operator to pay corrective ac17 tion costs. 

18 ‘‘(iv) ALTERNATIVE PAYMENT METH19 ODS.—The Administrator (or the State 

20 pursuant to paragraph (7)) shall consider 

21 alternative payment methods as may be 

22 necessary or appropriate if the Adminis23 trator (or the State pursuant to paragraph 

24 (7)) determines that an owner or operator 
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1 cannot pay all or a portion of the costs in 

2 a lump sum payment. 

3 ‘‘(v) MISREPRESENTATION.—If an 

4 owner or operator provides false informa5 tion or otherwise misrepresents their finan6 cial situation under clause (ii), the Admin7 istrator (or the State pursuant to para8 graph (7)) shall seek full recovery of the 

9 costs of all such actions pursuant to the 

10 provisions of subparagraph (A) without 

11 consideration of the factors in subpara12 graph (B).’’. 

13 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

14 (a) INSPECTION REQUIREMENTS.—Section 9005 of 

15 the Solid Waste Disposal Act (42 U.S.C. 6991d) is amend16 ed by inserting the following new subsection at the end 

17 thereof: 

18 ‘‘(c) INSPECTION REQUIREMENTS.— 

19 ‘‘(1) UNINSPECTED TANKS.—In the case of un20 derground storage tanks regulated under this sub21 title that have not undergone an inspection since De22 cember 22, 1998, not later than 2 years after the 

23 date of enactment of this subsection, the Adminis24 trator or a State that receives funding under this 

25 subtitle, as appropriate, shall conduct on-site inspec-
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1 tions of all such tanks to determine compliance with 

2 this subtitle and the regulations under this subtitle 

3 (40 C.F.R. 280) or a requirement or standard of a 

4 State program developed under section 9004. 

5 ‘‘(2) PERIODIC INSPECTIONS.—After completion 

6 of all inspections required under paragraph (1), the 

7 Administrator or a State that receives funding under 

8 this subtitle, as appropriate, shall conduct on-site in9 spections of each underground storage tank regu10 lated under this subtitle at least once every 3 years 

11 to determine compliance with this subtitle and the 

12 regulations under this subtitle (40 C.F.R. 280) or a 

13 requirement or standard of a State program devel14 oped under section 9004. The Administrator may ex15 tend for up to one additional year the first 3-year 

16 inspection interval under this paragraph if the State 

17 demonstrates that it has insufficient resources to 

18 complete all such inspections within the first 3-year 

19 period. 

20 ‘‘(3) INSPECTION AUTHORITY.—Nothing in this 

21 section shall be construed to diminish the Adminis22 trator’s or a State’s authorities under section 

23 9005(a).’’. 

24 (b) STUDY OF ALTERNATIVE INSPECTION PRO25 GRAMS.—The Administrator of the Environmental Protec-
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1 tion Agency, in coordination with a State, shall gather in2 formation on compliance assurance programs that could 

3 serve as an alternative to the inspection programs under 

4 section 9005(c) of the Solid Waste Disposal Act (42 

5 U.S.C. 6991d(c)) and shall, within 4 years after the date 

6 of enactment of this Act, submit a report to the Congress 

7 containing the results of such study. 

8 SEC. 4. OPERATOR TRAINING. 

9 (a) IN GENERAL.—Section 9010 of the Solid Waste 

10 Disposal Act (42 U.S.C. 6991i) is amended to read as fol11 lows: 

12 ‘‘SEC. 9010. OPERATOR TRAINING. 

13 ‘‘(a) GUIDELINES.— 

14 ‘‘(1) IN GENERAL.—Not later than 2 years 

15 after the date of enactment of the Underground 

16 Storage Tank Compliance Act of 2005, in consulta17 tion and cooperation with States and after public no18 tice and opportunity for comment, the Administrator 

19 shall publish guidelines that specify training require20 ments for— 

21 ‘‘(A) persons having primary responsibility 

22 for on-site operation and maintenance of under23 ground storage tank systems; 
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1 ‘‘(B) persons having daily on-site responsi2 bility for the operation and maintenance of un3 derground storage tank systems; and 

4 ‘‘(C) daily, on-site employees having pri5 mary responsibility for addressing emergencies 

6 presented by a spill or release from an under7 ground tank system. 

8 ‘‘(2) CONSIDERATIONS.—The guidelines de9 scribed in paragraph (1) shall take into account— 

10 ‘‘(A) State training programs in existence 

11 as of the date of publication of the guidelines; 

12 ‘‘(B) training programs that are being em13 ployed by tank owners and tank operators as of 

14 the date of enactment of the Underground Stor15 age Tank Compliance Act of 2005; 

16 ‘‘(C) the high turnover rate of tank opera17 tors and other personnel; 

18 ‘‘(D) the frequency of improvement in un19 derground storage tank equipment technology; 

20 ‘‘(E) the nature of the businesses in which 

21 the tank operators are engaged; 

22 ‘‘(F) the substantial differences in the 

23 scope and length of training needed for the dif24 ferent classes of persons described in subpara25 graphs (A), (B), and (C) of paragraph (1); and 
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1 ‘‘(G) such other factors as the Adminis2 trator determines to be necessary to carry out 

3 this section. 

4 ‘‘(b) STATE PROGRAMS.— 

5 ‘‘(1) IN GENERAL.—Not later than 2 years 

6 after the date on which the Administrator publishes 

7 the guidelines under subsection (a)(1), each State 

8 that receives funding under this subtitle shall de9 velop State-specific training requirements that are 

10 consistent with the guidelines developed under sub11 section (a)(1). 

12 ‘‘(2) REQUIREMENTS.—State requirements de13 scribed in paragraph (1) shall— 

14 ‘‘(A) be consistent with subsection (a); 

15 ‘‘(B) be developed in cooperation with tank 

16 owners and tank operators; 

17 ‘‘(C) take into consideration training pro18 grams implemented by tank owners and tank 

19 operators as of the date of enactment of this 

20 section; and 

21 ‘‘(D) be appropriately communicated to 

22 tank owners and operators. 

23 ‘‘(3) FINANCIAL INCENTIVE.—The Adminis24 trator may award to a State that develops and im25 plements requirements described in paragraph (1), 
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1 in addition to any funds that the State is entitled to 

2 receive under this subtitle, not more than $200,000, 

3 to be used to carry out the requirements. 

4 ‘‘(c) TRAINING.—All persons that are subject to the 

5 operator training requirements of subsection (a) shall— 

6 ‘‘(1) meet the training requirements developed 

7 under subsection (b); and 

8 ‘‘(2) repeat the applicable requirements devel9 oped under subsection (b), if the tank for which they 

10 have primary daily on-site management responsibil11 ities is determined to be out of compliance with— 

12 ‘‘(A) a requirement or standard promul13 gated by the Administrator under section 9003; 

14 or 

15 ‘‘(B) a requirement or standard of a State 

16 program approved under section 9004.’’. 

17 (b) STATE PROGRAM REQUIREMENT.—Section 

18 9004(a) of the Solid Waste Disposal Act (42 U.S.C. 

19 6991c(a)) is amended by striking ‘‘and’’ at the end of 

20 paragraph (7), by striking the period at the end of para21 graph (8) and inserting ‘‘; and’’, and by adding the fol22 lowing new paragraph at the end thereof: 

23 ‘‘(9) State-specific training requirements as re24 quired by section 9010.’’. 
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1 (c) ENFORCEMENT.—Section 9006(d)(2) of such Act 

2 (42 U.S.C. 6991e) is amended as follows: 

3 (1) By striking ‘‘or’’ at the end of subpara4 graph (B). 

5 (2) By adding the following new subparagraph 

6 after subparagraph (C): 

7 ‘‘(D) the training requirements established 

8 by States pursuant to section 9010 (relating to 

9 operator training); or’’. 

10 (d) TABLE OF CONTENTS.—The item relating to sec11 tion 9010 in table of contents for the Solid Waste Disposal 

12 Act is amended to read as follows: 

‘‘Sec. 9010. Operator training.’’. 

13 SEC. 5. REMEDIATION FROM OXYGENATED FUEL ADDI14 TIVES. 

15 Section 9003(h) of the Solid Waste Disposal Act (42 

16 U.S.C. 6991b(h)) is amended as follows: 

17 (1) In paragraph (7)(A)— 

18 (A) by striking ‘‘paragraphs (1) and (2) of 

19 this subsection’’ and inserting ‘‘paragraphs (1), 

20 (2), and (12)’’; and 

21 (B) by striking ‘‘and including the authori22 ties of paragraphs (4), (6), and (8) of this sub23 section’’ and inserting ‘‘and the authority under 

24 sections 9011 and 9012 and paragraphs (4), 

25 (6), and (8),’’. 
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1 (2) By adding at the end the following: 

2 ‘‘(12) REMEDIATION OF OXYGENATED FUEL

3 CONTAMINATION.— 

4 ‘‘(A) IN GENERAL.—The Administrator 

5 and the States may use funds made available 

6 under section 9014(2)(B) to carry out correc7 tive actions with respect to a release of a fuel 

8 containing an oxygenated fuel additive that pre9 sents a threat to human health or welfare or 

10 the environment. 

11 ‘‘(B) APPLICABLE AUTHORITY.—The Ad12 ministrator or a State shall carry out subpara13 graph (A) in accordance with paragraph (2), 

14 and in the case of a State, in accordance with 

15 a cooperative agreement entered into by the Ad16 ministrator and the State under paragraph 

17 (7).’’. 

18 SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND EN19 FORCEMENT. 

20 (a) RELEASE PREVENTION AND COMPLIANCE.—Sub21 title I of the Solid Waste Disposal Act (42 U.S.C. 6991 

22 et seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 

2 COMPLIANCE. 

3 ‘‘Funds made available under section 9014(2)(D) 

4 from the Trust Fund may be used to conduct inspections, 

5 issue orders, or bring actions under this subtitle— 

6 ‘‘(1) by a State, in accordance with a grant or 

7 cooperative agreement with the Administrator, of 

8 State regulations pertaining to underground storage 

9 tanks regulated under this subtitle; and 

10 ‘‘(2) by the Administrator, for tanks regulated 

11 under this subtitle (including under a State program 

12 approved under section 9004).’’. 

13 (b) GOVERNMENT-OWNED TANKS.—Section 9003 of 

14 the Solid Waste Disposal Act (42 U.S.C. 6991b) is amend15 ed by adding at the end the following: 

16 ‘‘(i) GOVERNMENT-OWNED TANKS.— 

17 ‘‘(1) STATE COMPLIANCE REPORT.—(A) Not 

18 later than 2 years after the date of enactment of 

19 this subsection, each State that receives funding 

20 under this subtitle shall submit to the Administrator 

21 a State compliance report that— 

22 ‘‘(i) lists the location and owner of each 

23 underground storage tank described in subpara24 graph (B) in the State that, as of the date of 

25 submission of the report, is not in compliance 

26 with section 9003; and 
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1 ‘‘(ii) specifies the date of the last inspec2 tion and describes the actions that have been 

3 and will be taken to ensure compliance of the 

4 underground storage tank listed under clause 

5 (i) with this subtitle. 

6 ‘‘(B) An underground storage tank described in 

7 this subparagraph is an underground storage tank 

8 that is— 

9 ‘‘(i) regulated under this subtitle; and 

10 ‘‘(ii) owned or operated by the Federal, 

11 State, or local government. 

12 ‘‘(C) The Administrator shall make each report, 

13 received under subparagraph (A), available to the 

14 public through an appropriate media. 

15 ‘‘(2) FINANCIAL INCENTIVE.—The Adminis16 trator may award to a State that develops a report 

17 described in paragraph (1), in addition to any other 

18 funds that the State is entitled to receive under this 

19 subtitle, not more than $50,000, to be used to carry 

20 out the report. 

21 ‘‘(3) NOT A SAFE HARBOR.—This subsection 

22 does not relieve any person from any obligation or 

23 requirement under this subtitle.’’. 
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1 (c) PUBLIC RECORD.—Section 9002 of the Solid 

2 Waste Disposal Act (42 U.S.C. 6991a) is amended by add3 ing at the end the following: 

4 ‘‘(d) PUBLIC RECORD.— 

5 ‘‘(1) IN GENERAL.—The Administrator shall re6 quire each State that receives Federal funds to carry 

7 out this subtitle to maintain, update at least annu8 ally, and make available to the public, in such man9 ner and form as the Administrator shall prescribe 

10 (after consultation with States), a record of under11 ground storage tanks regulated under this subtitle. 

12 ‘‘(2) CONSIDERATIONS.—To the maximum ex13 tent practicable, the public record of a State, respec14 tively, shall include, for each year— 

15 ‘‘(A) the number, sources, and causes of 

16 underground storage tank releases in the State; 

17 ‘‘(B) the record of compliance by under18 ground storage tanks in the State with— 

19 ‘‘(i) this subtitle; or 

20 ‘‘(ii) an applicable State program ap21 proved under section 9004; and 

22 ‘‘(C) data on the number of underground 

23 storage tank equipment failures in the State.’’. 
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1 (d) INCENTIVE FOR PERFORMANCE.—Section 9006 

2 of the Solid Waste Disposal Act (42 U.S.C. 6991e) is 

3 amended by adding at the end the following: 

4 ‘‘(e) INCENTIVE FOR PERFORMANCE.—Both of the 

5 following may be taken into account in determining the 

6 terms of a civil penalty under subsection (d): 

7 ‘‘(1) The compliance history of an owner or op8 erator in accordance with this subtitle or a program 

9 approved under section 9004. 

10 ‘‘(2) Any other factor the Administrator con11 siders appropriate.’’. 

12 (e) TABLE OF CONTENTS.—The table of contents for 

13 such subtitle I is amended by adding the following new 

14 item at the end thereof: 

‘‘Sec. 9011. Use of funds for release prevention and compliance.’’. 

15 SEC. 7. DELIVERY PROHIBITION. 

16 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis17 posal Act (42 U.S.C. 6991 et seq.) is amended by adding 

18 at the end the following: 

19 ‘‘SEC. 9012. DELIVERY PROHIBITION. 

20 ‘‘(a) REQUIREMENTS.— 

21 ‘‘(1) PROHIBITION OF DELIVERY OR DE22 POSIT.—Beginning 2 years after the date of enact23 ment of this section, it shall be unlawful to deliver 

24 to, deposit into, or accept a regulated substance into 

25 an underground storage tank at a facility which has 
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1 been identified by the Administrator or a State im2 plementing agency to be ineligible for fuel delivery or 

3 deposit. 

4 ‘‘(2) GUIDANCE.—Within 1 year after the date 

5 of enactment of this section, the Administrator and 

6 States that receive funding under this subtitle shall, 

7 in consultation with the underground storage tank 

8 owner and product delivery industries, for territory 

9 for which they are the primary implementing agen10 cies, publish guidelines detailing the specific proc11 esses and procedures they will use to implement the 

12 provisions of this section. The processes and proce13 dures include, at a minimum— 

14 ‘‘(A) the criteria for determining which un15 derground storage tank facilities are ineligible 

16 for delivery or deposit; 

17 ‘‘(B) the mechanisms for identifying which 

18 facilities are ineligible for delivery or deposit to 

19 the underground storage tank owning and fuel 

20 delivery industries; 

21 ‘‘(C) the process for reclassifying ineligible 

22 facilities as eligible for delivery or deposit; and 

23 ‘‘(D) a delineation of, or a process for de24 termining, the specified geographic areas sub25 ject to paragraph (4). 
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1 ‘‘(3) DELIVERY PROHIBITION NOTICE.— 

2 ‘‘(A) ROSTER.—The Administrator and 

3 each State implementing agency that receives 

4 funding under this subtitle shall establish with5 in 24 months after the date of enactment of 

6 this section a Delivery Prohibition Roster list7 ing underground storage tanks under the Ad8 ministrator’s or the State’s jurisdiction that are 

9 determined to be ineligible for delivery or de10 posit pursuant to paragraph (2). 

11 ‘‘(B) NOTIFICATION.—The Administrator 

12 and each State, as appropriate, shall make 

13 readily known, to underground storage tank 

14 owners and operators and to product delivery 

15 industries, the underground storage tanks listed 

16 on a Delivery Prohibition Roster by: 

17 ‘‘(i) posting such Rosters, including 

18 the physical location and street address of 

19 each listed underground storage tank, on 

20 official web sites and, if the Administrator 

21 or the State so chooses, other electronic 

22 means; 

23 ‘‘(ii) updating these Rosters periodi24 cally; and 
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1 ‘‘(iii) installing a tamper-proof tag, 

2 seal, or other device blocking the fill pipes 

3 of such underground storage tanks to pre4 vent the delivery of product into such un5 derground storage tanks. 

6 ‘‘(C) ROSTER UPDATES.—The Adminis7 trator and the State shall update the Delivery 

8 Prohibition Rosters as appropriate, but not less 

9 than once a month on the first day of the 

10 month. 

11 ‘‘(D) TAMPERING WITH DEVICE.— 

12 ‘‘(i) PROHIBITION.—It shall be unlaw13 ful for any person, other than an author14 ized representative of the Administrator or 

15 a State, as appropriate, to remove, tamper 

16 with, destroy, or damage a device installed 

17 by the Administrator or a State, as appro18 priate, under subparagraph (B)(iii) of this 

19 subsection. 

20 ‘‘(ii) CIVIL PENALTIES.—Any person 

21 violating clause (i) of this subparagraph 

22 shall be subject to a civil penalty not to ex23 ceed $10,000 for each violation. 

24 ‘‘(4) LIMITATION.— 
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1 ‘‘(A) RURAL AND REMOTE AREAS.—Sub2 ject to subparagraph (B), the Administrator or 

3 a State shall not include an underground stor4 age tank on a Delivery Prohibition Roster 

5 under paragraph (3) if an urgent threat to pub6 lic health, as determined by the Administrator, 

7 does not exist and if such a delivery prohibition 

8 would jeopardize the availability of, or access 

9 to, fuel in any rural and remote areas. 

10 ‘‘(B) APPLICABILITY OF LIMITATION.— 

11 The limitation under subparagraph (A) shall 

12 apply only during the 180-day period following 

13 the date of a determination by the Adminis14 trator or the appropriate State that exercising 

15 the authority of paragraph (3) is limited by 

16 subparagraph (A). 

17 ‘‘(b) EFFECT ON STATE AUTHORITY.—Nothing in 

18 this section shall affect the authority of a State to prohibit 

19 the delivery of a regulated substance to an underground 

20 storage tank. 

21 ‘‘(c) DEFENSE TO VIOLATION.—A person shall not 

22 be in violation of subsection (a)(1) if the underground 

23 storage tank into which a regulated substance is delivered 

24 is not listed on the Administrator’s or the appropriate 
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1 State’s Prohibited Delivery Roster 7 calendar days prior 

2 to the delivery being made.’’. 

3 (b) ENFORCEMENT.—Section 9006(d)(2) of such Act 

4 (42 U.S.C. 6991e(d)(2)) is amended as follows: 

5 (1) By adding the following new subparagraph 

6 after subparagraph (D): 

7 ‘‘(E) the delivery prohibition requirement 

8 established by section 9012,’’. 

9 (2) By adding the following new sentence at the 

10 end thereof: ‘‘Any person making or accepting a de11 livery or deposit of a regulated substance to an un12 derground storage tank at an ineligible facility in 

13 violation of section 9012 shall also be subject to the 

14 same civil penalty for each day of such violation.’’. 

15 (c) TABLE OF CONTENTS.—The table of contents for 

16 such subtitle I is amended by adding the following new 

17 item at the end thereof: 

‘‘Sec. 9012. Delivery prohibition.’’. 

18 SEC. 8. FEDERAL FACILITIES. 

19 Section 9007 of the Solid Waste Disposal Act (42 

20 U.S.C. 6991f) is amended to read as follows: 

21 ‘‘SEC. 9007. FEDERAL FACILITIES. 

22 ‘‘(a) IN GENERAL.—Each department, agency, and 

23 instrumentality of the executive, legislative, and judicial 

24 branches of the Federal Government (1) having jurisdic25 tion over any underground storage tank or underground 
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1 storage tank system, or (2) engaged in any activity result2 ing, or which may result, in the installation, operation, 

3 management, or closure of any underground storage tank, 

4 release response activities related thereto, or in the deliv5 ery, acceptance, or deposit of any regulated substance to 

6 an underground storage tank or underground storage tank 

7 system shall be subject to, and comply with, all Federal, 

8 State, interstate, and local requirements, both substantive 

9 and procedural (including any requirement for permits or 

10 reporting or any provisions for injunctive relief and such 

11 sanctions as may be imposed by a court to enforce such 

12 relief), respecting underground storage tanks in the same 

13 manner, and to the same extent, as any person is subject 

14 to such requirements, including the payment of reasonable 

15 service charges. The Federal, State, interstate, and local 

16 substantive and procedural requirements referred to in 

17 this subsection include, but are not limited to, all adminis18 trative orders and all civil and administrative penalties 

19 and fines, regardless of whether such penalties or fines 

20 are punitive or coercive in nature or are imposed for iso21 lated, intermittent, or continuing violations. The United 

22 States hereby expressly waives any immunity otherwise 

23 applicable to the United States with respect to any such 

24 substantive or procedural requirement (including, but not 

25 limited to, any injunctive relief, administrative order or 
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1 civil or administrative penalty or fine referred to in the 

2 preceding sentence, or reasonable service charge). The rea3 sonable service charges referred to in this subsection in4 clude, but are not limited to, fees or charges assessed in 

5 connection with the processing and issuance of permits, 

6 renewal of permits, amendments to permits, review of 

7 plans, studies, and other documents, and inspection and 

8 monitoring of facilities, as well as any other nondiscrim9 inatory charges that are assessed in connection with a 

10 Federal, State, interstate, or local underground storage 

11 tank regulatory program. Neither the United States, nor 

12 any agent, employee, or officer thereof, shall be immune 

13 or exempt from any process or sanction of any State or 

14 Federal Court with respect to the enforcement of any such 

15 injunctive relief. No agent, employee, or officer of the 

16 United States shall be personally liable for any civil pen17 alty under any Federal, State, interstate, or local law con18 cerning underground storage tanks with respect to any act 

19 or omission within the scope of the official duties of the 

20 agent, employee, or officer. An agent, employee, or officer 

21 of the United States shall be subject to any criminal sanc22 tion (including, but not limited to, any fine or imprison23 ment) under any Federal or State law concerning under24 ground storage tanks, but no department, agency, or in25 strumentality of the executive legislative, or judicial 
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1 branch of the Federal Government shall be subject to any 

2 such sanction. The President may exempt any under3 ground storage tank of any department, agency, or instru4 mentality in the executive branch from compliance with 

5 such a requirement if he determines it to be in the para6 mount interest of the United States to do so. No such 

7 exemption shall be granted due to lack of appropriation 

8 unless the President shall have specifically requested such 

9 appropriation as a part of the budgetary process and the 

10 Congress shall have failed to make available such re11 quested appropriation. Any exemption shall be for a period 

12 not in excess of one year, but additional exemptions may 

13 be granted for periods not to exceed one year upon the 

14 President’s making a new determination. The President 

15 shall report each January to the Congress all exemptions 

16 from the requirements of this section granted during the 

17 preceding calendar year, together with his reason for 

18 granting each such exemption. 

19 ‘‘(b) REVIEW OF AND REPORT ON THE FEDERAL UN20 DERGROUND STORAGE TANKS.— 

21 ‘‘(1) REVIEW.—Not later than 12 months after 

22 the date of enactment of the Underground Storage 

23 Tank Compliance Act of 2005, each Federal agency 

24 that owns or operates 1 or more underground stor25 age tanks, or that manages land on which 1 or more 
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1 underground storage tanks are located, shall submit 

2 to the Administrator, the Committee on Energy and 

3 Commerce of the United States House of Represent4 atives, and the Committee on the Environment and 

5 Public Works of the United States Senate a compli6 ance strategy report that— 

7 ‘‘(A) lists the location and owner of each 

8 underground storage tank described in this 

9 paragraph; 

10 ‘‘(B) lists all tanks that are not in compli11 ance with this subtitle that are owned or oper12 ated by the Federal agency; 

13 ‘‘(C) specifies the date of the last inspec14 tion by a State or Federal inspector of each un15 derground storage tank owned or operated by 

16 the agency; 

17 ‘‘(D) lists each violation of this subtitle re18 specting any underground storage tank owned 

19 or operated by the agency; 

20 ‘‘(E) describes the operator training that 

21 has been provided to the operator and other 

22 persons having primary daily on-site manage23 ment responsibility for the operation and main24 tenance of underground storage tanks owned or 

25 operated by the agency; and 
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1 ‘‘(F) describes the actions that have been 

2 and will be taken to ensure compliance for each 

3 underground storage tank identified under sub4 paragraph (B). 

5 ‘‘(2) NOT A SAFE HARBOR.—This subsection 

6 does not relieve any person from any obligation or 

7 requirement under this subtitle.’’. 

8 SEC. 9. TANKS ON TRIBAL LANDS. 

9 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis10 posal Act (42 U.S.C. 6991 et seq.) is amended by adding 

11 the following at the end thereof: 

12 ‘‘SEC. 9013. TANKS ON TRIBAL LANDS. 

13 ‘‘(a) STRATEGY.—The Administrator, in coordination 

14 with Indian tribes, shall, not later than 1 year after the 

15 date of enactment of this section, develop and implement 

16 a strategy— 

17 ‘‘(1) giving priority to releases that present the 

18 greatest threat to human health or the environment, 

19 to take necessary corrective action in response to re20 leases from leaking underground storage tanks lo21 cated wholly within the boundaries of— 

22 ‘‘(A) an Indian reservation; or 

23 ‘‘(B) any other area under the jurisdiction 

24 of an Indian tribe; and 
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1 ‘‘(2) to implement and enforce requirements 

2 concerning underground storage tanks located wholly 

3 within the boundaries of— 

4 ‘‘(A) an Indian reservation; or 

5 ‘‘(B) any other area under the jurisdiction 

6 of an Indian tribe. 

7 ‘‘(b) REPORT.—Not later than 2 years after the date 

8 of enactment of this section, the Administrator shall sub9 mit to Congress a report that summarizes the status of 

10 implementation and enforcement of this subtitle in areas 

11 located wholly within— 

12 ‘‘(1) the boundaries of Indian reservations; and 

13 ‘‘(2) any other areas under the jurisdiction of 

14 an Indian tribe. 

15 The Administrator shall make the report under this sub16 section available to the public. 

17 ‘‘(c) NOT A SAFE HARBOR.—This section does not 

18 relieve any person from any obligation or requirement 

19 under this subtitle. 

20 ‘‘(d) STATE AUTHORITY.—Nothing in this section 

21 applies to any underground storage tank that is located 

22 in an area under the jurisdiction of a State, or that is 

23 subject to regulation by a State, as of the date of enact24 ment of this section.’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 such subtitle I is amended by adding the following new 

3 item at the end thereof: 

‘‘Sec. 9013. Tanks on Tribal lands.’’. 

4 SEC. 10. FUTURE RELEASE CONTAINMENT TECHNOLOGY. 

5 Not later than 2 years after the date of enactment 

6 of this Act, the Administrator of the Environmental Pro7 tection Agency, after consultation with States, shall make 

8 available to the public and to the Committee on Energy 

9 and Commerce of the House of Representatives and the 

10 Committee on Environment and Public Works of the Sen11 ate information on the effectiveness of alternative possible 

12 methods and means for containing releases from under13 ground storage tanks systems. 

14 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis16 posal Act (42 U.S.C. 6991 et seq.) is amended by adding 

17 at the end the following: 

18 ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated to the Ad20 ministrator the following amounts: 

21 ‘‘(1) To carry out subtitle I (except sections 

22 9003(h), 9005(c), 9011, and 9012) $50,000,000 for 

23 each of fiscal years 2005 through 2009. 
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1 ‘‘(2) From the Trust Fund, notwithstanding 

2 section 9508(c)(1) of the Internal Revenue Code of 

3 1986: 

4 ‘‘(A) to carry out section 9003(h) (except 

5 section 9003(h)(12)) $200,000,000 for each of 

6 fiscal years 2005 through 2009; 

7 ‘‘(B) to carry out section 9003(h)(12), 

8 $200,000,000 for each of fiscal years 2005 

9 through 2009; 

10 ‘‘(C) to carry out sections 9003(i), 

11 9004(f), and 9005(c) $100,000,000 for each of 

12 fiscal years 2005 through 2009; and 

13 ‘‘(D) to carry out sections 9010, 9011, 

14 9012, and 9013 $55,000,000 for each of fiscal 

15 years 2005 through 2009.’’. 

16 (b) TABLE OF CONTENTS.—The table of contents for 

17 such subtitle I is amended by adding the following new 

18 item at the end thereof: 

‘‘Sec. 9014. Authorization of appropriations.’’. 

19 SEC. 12 CONFORMING AMENDMENTS. 

20 (a) IN GENERAL.—Section 9001 of the Solid Waste 

21 Disposal Act (42 U.S.C. 6991) is amended as follows: 

22 (1) By striking ‘‘For the purposes of this sub23 title—’’ and inserting ‘‘In this subtitle:’’. 
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1 (2) By redesignating paragraphs (1), (2), (3), 

2 (4), (5), (6), (7), and (8) as paragraphs (10), (7), 

3 (4), (3), (8), (5), (2), and (6), respectively. 

4 (3) By inserting before paragraph (2) (as redes5 ignated by paragraph (2) of this subsection) the fol6 lowing: 

7 ‘‘(1) INDIAN TRIBE.— 

8 ‘‘(A) IN GENERAL.—The term ‘Indian 

9 tribe’ means any Indian tribe, band, nation, or 

10 other organized group or community that is rec11 ognized as being eligible for special programs 

12 and services provided by the United States to 

13 Indians because of their status as Indians. 

14 ‘‘(B) INCLUSIONS.—The term ‘Indian 

15 tribe’ includes an Alaska Native village, as de16 fined in or established under the Alaska Native 

17 Claims Settlement Act (43 U.S.C. 1601 et 

18 seq.); and’’. 

19 (4) By inserting after paragraph (8) (as redes20 ignated by paragraph (2) of this subsection) the fol21 lowing: 

22 ‘‘(9) TRUST FUND.—The term ‘Trust Fund’ 

23 means the Leaking Underground Storage Tank 

24 Trust Fund established by section 9508 of the Inter25 nal Revenue Code of 1986.’’. 
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1 (b) CONFORMING AMENDMENTS.—The Solid Waste 

2 Disposal Act (42 U.S.C. 6901 and following) is amended 

3 as follows: 

4 (1) Section 9003(f) (42 U.S.C. 6991b(f)) is 

5 amended— 

6 (A) in paragraph (1), by striking 

7 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

8 (B) in paragraphs (2) and (3), by striking 

9 ‘‘9001(2)(A)’’ each place it appears and insert10 ing ‘‘9001(7)(A)’’. 

11 (2) Section 9003(h) (42 U.S.C. 6991b(h)) is 

12 amended in paragraphs (1), (2)(C), (7)(A), and (11) 

13 by striking ‘‘Leaking Underground Storage Tank 

14 Trust Fund’’ each place it appears and inserting 

15 ‘‘Trust Fund’’. 

16 (3) Section 9009 (42 U.S.C. 6991h) is amend17 ed— 

18 (A) in subsection (a), by striking 

19 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

20 (B) in subsection (d), by striking ‘‘section 

21 9001(1) (A) and (B)’’ and inserting ‘‘subpara22 graphs (A) and (B) of section 9001(10)’’. 

23 SEC. 13. TECHNICAL AMENDMENTS. 

24 The Solid Waste Disposal Act is amended as follows: 
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1 (1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) 

2 is amended by striking ‘‘sustances’’ and inserting 

3 ‘‘substances’’. 

4 (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) 

5 is amended by striking ‘‘subsection (c) and (d) of 

6 this section’’ and inserting ‘‘subsections (c) and 

7 (d)’’. 

8 (3) Section 9004(a) (42 U.S.C. 6991c(a)) is 

9 amended by striking ‘‘in 9001(2) (A) or (B) or 

10 both’’ and inserting ‘‘in subparagraph (A) or (B) of 

11 section 9001(7)’’. 

12 (4) Section 9005 (42 U.S.C. 6991d) is amend13 ed— 

14 (A) in subsection (a), by striking ‘‘study 

15 taking’’ and inserting ‘‘study, taking’’; 

16 (B) in subsection (b)(1), by striking 

17 ‘‘relevent’’ and inserting ‘‘relevant’’; and 

18 (C) in subsection (b)(4), by striking 

19 ‘‘Evironmental’’ and inserting ‘‘Environ20 mental’’. 

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