I 

108TH CONGRESS 

1ST SESSION H. R. 3335

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 

OCTOBER 17, 2003

Mr. GILLMOR 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 Subtitle B—Underground Storage 

4 Tank Compliance 

5 SEC. 1. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Underground Stor7 age Tank Compliance Act of 2003’’. 
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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—

15 ‘‘(i) actions taken by the State under 

16 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); 

22 ‘‘(iii) any State fund or State assur23 ance program carried out under subsection 

24 (c)(1) for a release from an underground 

25 storage tank regulated under this subtitle 

26 to the extent that, as determined by the 
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1 State in accordance with guidelines devel2 oped jointly by the Administrator and the 

3 States, the financial resources of the owner 

4 and operator of the underground storage 

5 tank (including resources provided by a 

6 program in accordance with subsection 

7 (c)(1)) are not adequate to pay the cost of 

8 a corrective action without significantly im9 pairing the ability of the owner or operator 

10 to continue in business; or 

11 ‘‘(iv) enforcement, by a State or a 

12 local government, of State or local regula13 tions pertaining to underground storage 

14 tanks regulated under this subtitle. 

15 ‘‘(B) USE OF FUNDS FOR ENFORCE16 MENT.—In addition to the uses of funds au17 thorized under subparagraph (A), the Adminis18 trator may use funds from the Trust Fund that 

19 are not distributed to States under subpara20 graph (A) for enforcement of any regulation 

21 promulgated by the Administrator under this 

22 subtitle. 

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

24 to a State by the Administrator under subpara25 graph (A) shall not be used by the State to pro-
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1 vide financial assistance to an owner or oper2 ator to meet any requirement relating to under3 ground storage tanks under subparts B, C, D, 

4 H, and G of part 280 of title 40, Code of Fed5 eral Regulations (as in effect on the date of en6 actment of this subsection). 

7 ‘‘(2) ALLOCATION.—

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

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

10 the Administrator has entered into a coopera11 tive agreement under section 9003(h)(7)(A), 

12 the Administrator shall distribute funds from 

13 the Trust Fund to the State using an allocation 

14 process developed by the Administrator. 

15 ‘‘(B) DIVERSION OF STATE FUNDS.—The 

16 Administrator shall not distribute funds under 

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

18 any State that has diverted funds from a State 

19 fund or State assurance program for purposes 

20 other than those related to the regulation of un21 derground storage tanks covered by this sub22 title, with the exception of those transfers that 

23 had been completed earlier than the date of en24 actment of this subsection. 
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1 ‘‘(C) REVISIONS TO PROCESS.—The Ad2 ministrator may revise the allocation process re3 ferred to in subparagraph (A) after—

4 ‘‘(i) consulting with State agencies re5 sponsible for overseeing corrective action 

6 for releases from underground storage 

7 tanks; and 

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

9 minimum, each of the following: 

10 ‘‘(I) The number of confirmed re11 leases from federally regulated leaking 

12 underground storage tanks in the 

13 States. 

14 ‘‘(II) The number of federally 

15 regulated underground storage tanks 

16 in the States. 

17 ‘‘(III) The performance of the 

18 States in implementing and enforcing 

19 the program.

20 ‘‘(IV) The financial needs of the 

21 States. 

22 ‘‘(V) The ability of the States to 

23 use the funds referred to in subpara24 graph (A) in any year. 
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1 ‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.—

2 Distributions from the Trust Fund under this sub3 section shall be made directly to a State agency 

4 that—

5 ‘‘(A) enters into a cooperative agreement 

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

7 ‘‘(B) is enforcing a State program ap8 proved under this section. 

9 ‘‘(4) COST RECOVERY PROHIBITION.—Funds 

10 from the Trust Fund provided by States to owners 

11 or operators under paragraph (1)(A)(iii) shall not be 

12 subject to cost recovery by the Administrator under 

13 section 9003(h)(6).’’. 

14 (b) WITHDRAWAL OF APPROVAL OF STATE

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

16 (42 U.S.C. 6991d) is amended by inserting the following 

17 new paragraph at the end thereof: 

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

19 opportunity for good faith, collaborative efforts to 

20 correct financial deficiencies with a State fund, the 

21 Administrator may withdraw approval of any State 

22 fund or State assurance program to be used as a fi23 nancial responsibility mechanism without with24 drawing approval of a State underground storage 

25 tank program under section 9004(a).’’. 
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1 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

2 (a) INSPECTION REQUIREMENTS.—Section 9005 of 

3 the Solid Waste Disposal Act (42 U.S.C. 6991d) is amend4 ed by inserting the following new subsection at the end 

5 thereof: 

6 ‘‘(c) INSPECTION REQUIREMENTS.—

7 ‘‘(1) UNINSPECTED TANKS.—In the case of un8 derground storage tanks regulated under this sub9 title that have not undergone an inspection since De10 cember 22, 1998, not later than 2 years after the 

11 date of enactment of this subsection, the Adminis12 trator or a State that receives funding under this 

13 subtitle, as appropriate, shall conduct on-site inspec14 tions of all such tanks to determine compliance with 

15 this subtitle and the regulations under this subtitle 

16 (40 C.F.R. 280) or a requirement or standard of a 

17 State program developed under section 9004. 

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

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

20 Administrator or a State that receives funding under 

21 this subtitle, as appropriate, shall conduct on-site in22 spections of each underground storage tank regu23 lated under this subtitle at least once every 3 years 

24 to determine compliance with this subtitle and the 

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

26 requirement or standard of a State program devel-
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1 oped under section 9004. The Administrator may ex2 tend for up to one additional year the first 3-year 

3 inspection interval under this paragraph if the State 

4 demonstrates that it has insufficient resources to 

5 complete all such inspections within the first 3-year 

6 period. 

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

8 section shall be construed to diminish the Adminis9 trator’s or a State’s authorities under section 

10 9005(a).’’. 

11 (b) STUDY OF ALTERNATIVE INSPECTION PRO12 GRAMS.—The Administrator of the Environmental Protec13 tion Agency, in coordination with a State, shall gather in14 formation on compliance assurance programs that could 

15 serve as an alternative to the inspection programs under 

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

17 U.S.C. 6991d(c)) and shall, within 4 years after the enact18 ment of this Act, submit a report to the Congress con19 taining the results of such study. 

20 SEC. 4. OPERATOR TRAINING. 

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

22 Disposal Act (42 U.S.C. 6991i) is amended to read as fol23 lows: 

24 ‘‘SEC. 9010. OPERATOR TRAINING. 

25 ‘‘(a) GUIDELINES.—
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1 ‘‘(1) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of the Underground 

3 Storage Tank Compliance Act of 2003, in consulta4 tion and cooperation with States and after public no5 tice and opportunity for comment, the Administrator 

6 shall publish guidelines that specify training require7 ments for persons having primary daily on-site man8 agement responsibility for the operation and mainte9 nance of underground storage tanks. 

10 ‘‘(2) CONSIDERATIONS.—The guidelines de11 scribed in paragraph (1) shall take into account—

12 ‘‘(A) State training programs in existence 

13 as of the date of publication of the guidelines; 

14 ‘‘(B) training programs that are being em15 ployed by tank owners and tank operators as of 

16 the date of enactment of the Underground Stor17 age Tank Compliance Act of 2003; 

18 ‘‘(C) the high turnover rate of tank opera19 tors and other personnel; 

20 ‘‘(D) the frequency of improvement in un21 derground storage tank equipment technology; 

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

23 the tank operators are engaged; and 
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1 ‘‘(F) 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) OPERATORS.—All persons having primary daily 

5 on-site management responsibility for the operation and 

6 maintenance of any underground storage tank shall—

7 ‘‘(1) meet the training requirements developed 

8 under subsection (b); and 

9 ‘‘(2) repeat the applicable requirements devel10 oped under subsection (b), if the tank for which they 

11 have primary on-site management responsibilities is 

12 determined to be out of compliance with—

13 ‘‘(A) a requirement or standard promul14 gated by the Administrator under section 9003; 

15 or 

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

17 program approved under section 9004.’’. 

18 (b) STATE PROGRAM REQUIREMENT.—Section 

19 9004(a) of the Solid Waste Disposal Act (42 U.S.C. 

20 6991c(a)) is amended by striking ‘‘and’’ at the end of 

21 paragraph (7), by striking the period at the end of para22 graph (8) and inserting ‘‘; and’’, and by adding the fol23 lowing new paragraph at the end thereof: 

24 ‘‘(9) State-specific training requirements as re25 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 by 

8 States pursuant to section 9010 (relating to oper9 ator 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 subtitle shall make readily 

13 known, to underground storage tank owners 

14 and operators and to product delivery indus15 tries, the underground storage tanks listed on a 

16 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 under sub18 paragraph (B)(iii) of this subsection. 

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

20 violating clause (i) of this paragraph shall 

21 be subject to a civil penalty not to exceed 

22 $10,000 for each violation. 

23 ‘‘(4) LIMITATION.—

24 ‘‘(A) RURAL AND REMOTE AREAS.—Sub25 ject to paragraph (B), the Administrator or a 
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1 State shall not include an underground storage 

2 tank on a Delivery Prohibition Roster under 

3 paragraph (3) if an urgent threat to public 

4 health, as determined by the Administrator, 

5 does not exist and if such a delivery prohibition 

6 would jeopardize the availability of, or access 

7 to, fuel in any rural and remote areas. 

8 ‘‘(B) APPLICABILITY OF LIMITATION.—

9 The limitation under subparagraph (A) shall 

10 apply only during the 180-day period following 

11 the date of a determination by the Adminis12 trator or the appropriate State that exercising 

13 the authority of paragraph (3) is limited by 

14 subparagraph (A). 

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

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

17 the delivery of a regulated substance to an underground 

18 storage tank. 

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

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

21 storage tank into which a regulated substance is delivered 

22 is not listed on the Administrator’s or the appropriate 

23 State’s Prohibited Delivery Roster 7 calendar days prior 

24 to the delivery being made.’’. 
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1 (b) ENFORCEMENT.—Section 9006(d)(2) of such Act 

2 (42 U.S.C. 6991e(d)(2)), as amended by section 

3 ll04(c) of this Act, is further amended as follows: 

4 (1) By adding the following new subparagraph 

5 after subparagraph (D): 

6 ‘‘(E) the delivery prohibition requirement estab7 lished by section 9012,’’. 

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

9 end thereof: ‘‘Any person making or accepting a de10 livery or deposit of a regulated substance to an un11 derground storage tank at an ineligible facility in 

12 violation of section 9012 shall also be subject to the 

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

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

15 such subtitle I is amended by adding the following new 

16 item at the end thereof:

‘‘Sec. 9012. Delivery prohibition.’’.

17 SEC. 8. FEDERAL FACILITIES. 

18 (a) FEDERAL FACILITIES.—Section 9007 of the Solid 

19 Waste Disposal Act (42 U.S.C. 6991f) is amended to read 

20 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 FEDERAL UNDER20 GROUND 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 2003, 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 enactment of this 

6 Act, the Administrator of the Environmental Protection 

7 Agency, after consultation with States, shall make avail8 able to the public and to the Committee on Energy and 

9 Commerce of the House of Representatives and the Com10 mittee on Environment and Public Works of the Senate 

11 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 2004 through 2008.
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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 2004 through 2008; 

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

8 $200,000,000 for each of fiscal years 2004 

9 through 2008; 

10 ‘‘(C) to carry out sections 9004(f) and 

11 9005(c) $100,000,000 for each of fiscal years 

12 2004 through 2008; and 

13 ‘‘(D) to carry out sections 9011 and 9012 

14 $55,000,000 for each of fiscal years 2004 

15 through 2008.’’. 

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)) the following: 

6 ‘‘(1) INDIAN TRIBE.—

7 ‘‘(A) IN GENERAL.— The term ‘Indian 

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

9 other organized group or community that is rec10 ognized as being eligible for special programs 

11 and services provided by the United States to 

12 Indians because of their status as Indians. 

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

14 tribe’ includes an Alaska Native village, as de15 fined in or established under the Alaska Native 

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

17 seq.); and’’. 

18 (4) By inserting after paragraph (8) (as redes19 ignated by paragraph (2)) the following: 

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

21 means the Leaking Underground Storage Tank 

22 Trust Fund established by section 9508 of the Inter23 nal Revenue Code of 1986.’’. 

24 (b) CONFORMING AMENDMENTS.—The Solid Waste 

25 Disposal Act is amended as follows: 
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1 (1) Section 9003(f) (42 U.S.C. 6991b(f)) is 

2 amended—

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

4 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

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

6 ‘‘9001(2)(A)’’ each place it appears and insert7 ing ‘‘9001(7)(A)’’. 

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

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

10 by striking ‘‘Leaking Underground Storage Tank 

11 Trust Fund’’ each place it appears and inserting 

12 ‘‘Trust Fund’’. 

13 (3) Section 9009 (42 U.S.C. 6991h) is amend14 ed—

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

16 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

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

18 9001(1) (A) and (B)’’ and inserting ‘‘subpara19 graphs (A) and (B) of section 9001(10)’’. 

20 SEC. 13. TECHNICAL AMENDMENTS. 

21 The Solid Waste Disposal Act is amended as follows: 

22 (1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) 

23 (as amended by section ll12(a)(2)) is amended 

24 by striking ‘‘sustances’’ and inserting ‘‘substances’’. 
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1 (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) 

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

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

4 (d)’’. 

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

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

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

8 section 9001(7)’’. 

9 (4) Section 9005 (42 U.S.C. 6991d) (as amend10 ed by section ll3) is amended—

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

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

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

14 ‘‘relevent’’ and inserting ‘‘relevant’’; and 

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

16 ‘‘Evironmental’’ and inserting ‘‘Environ17 mental’’.

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