I 

108TH CONGRESS 

1ST SESSION H. R. 3231

To amend the Solid Waste Disposal Act to bring underground storage tanks 

into compliance with subtitle I of that Act, to promote cleanup of leaking 

underground storage tanks, to provide sufficient resources for such compliance and cleanup, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 2, 2003

Mrs. CAPPS (for herself and Mr. WAXMAN) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL

To amend the Solid Waste Disposal Act to bring underground storage tanks into compliance with subtitle I 

of that Act, to promote cleanup of leaking underground 

storage tanks, to provide sufficient resources for such 

compliance and cleanup, and for other purposes.

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 Act may be cited as the ‘‘Underground Storage 

5 Tank Reform and Compliance Act of 2003’’. 
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1 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 

2 Section 9004 of the Solid Waste Disposal Act (42 

3 U.S.C. 6991c) is amended by adding at the end the fol4 lowing: 

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, of—

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 other State assurance programs; 

21 or 

22 ‘‘(iii) enforcement by the 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 regulations of the 

15 Administrator under this part regarding tech16 nical standards and corrective action require17 ments for owners and operators of underground 

18 storage tanks (40 CFR part 280). 

19 ‘‘(2) ALLOCATION.—

20 ‘‘(A) PROCESS.—Subject to subparagraph 

21 (B), in the case of a State with which the Ad22 ministrator has entered into a cooperative 

23 agreement under section 9003(h)(7)(A), the 

24 Administrator shall distribute funds from the 
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1 Trust Fund to the State using the allocation 

2 process developed by the Administrator. 

3 ‘‘(B) REVISIONS TO PROCESS.—The Ad4 ministrator may revise the allocation process re5 ferred to in subparagraph (A) with respect to a 

6 State only after—

7 ‘‘(i) consulting with State agencies re8 sponsible for overseeing corrective action 

9 for releases from underground storage 

10 tanks; 

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

12 minimum—

13 ‘‘(I) the number of confirmed re14 leases from underground storage 

15 tanks regulated under this subtitle in 

16 the State; 

17 ‘‘(II) the number of underground 

18 storage tanks in the State regulated 

19 under this subtitle; 

20 ‘‘(III) the percentage of the pop21 ulation of the State that uses ground22 water for drinking water purposes or 

23 other beneficial uses;
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1 ‘‘(IV) the performance of the 

2 State in implementing and enforcing 

3 the program; 

4 ‘‘(V) the financial needs of the 

5 State; 

6 ‘‘(VI) the State’s ability to use 

7 the funds referred to in subparagraph 

8 (A) in any year; and 

9 ‘‘(VII) the compliance rates for 

10 underground storage tanks regulated 

11 under this subtitle in the State. 

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 ‘‘(4) DIVERSION OF STATE FUNDS.—

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

22 may withdraw the approval of any State fund 

23 or other State assurance program as a financial 

24 responsibility mechanism if such fund becomes 

25 unable to ensure timely corrective actions for 
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1 any reason, including diversion of funds from 

2 the State fund or other state assurance pro3 gram. 

4 ‘‘(B) STATE PROGRAM APPROVAL.—For 

5 States approved under section 9004, the with6 drawal of State fund or other State assurance 

7 program approval under clause (i) need not re8 quire revocation of the program approval grant9 ed under section 9004.’’

10 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

11 Section 9005 of the Solid Waste Disposal Act (42 

12 U.S.C. 6991d) is amended—

13 (1) by redesignating subsections (a) and (b) as 

14 subsections (b) and (c), respectively; and 

15 (2) by inserting before subsection (b) (as redes16 ignated by paragraph (1)) the following: 

17 ‘‘(a) INSPECTION REQUIREMENTS.—Not later than 2 

18 years after the date of enactment of the Underground 

19 Storage Tank Reform and Compliance Act of 2003, and 

20 at least once every 2 years thereafter, the Administrator 

21 or a State with a program approved under section 9004, 

22 as appropriate, shall require that all underground storage 

23 tanks regulated under this subtitle undergo onsite inspec24 tions for compliance with regulations promulgated under 

25 section 9003(c).’’. 
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1 SEC. 4. OPERATOR TRAINING. 

2 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis3 posal Act (42 U.S.C. 6991 et seq.) is amended by striking 

4 section 9010 and inserting the following: 

5 ‘‘SEC. 9010. OPERATOR TRAINING. 

6 ‘‘(a) GUIDELINES.—

7 ‘‘(1) IN GENERAL.—Not later than 18 months 

8 after the date of enactment of this section, in con9 sultation and cooperation with States and after pub10 lic notice and opportunity for comment, the Admin11 istrator shall publish guidelines that specify training 

12 requirements for underground storage tank opera13 tors and other persons having primary daily on-site 

14 management responsibility for the operation and 

15 maintenance of underground storage tanks. 

16 ‘‘(2) CONSIDERATIONS.—The guidelines de17 scribed in paragraph (1) shall take into account—

18 ‘‘(A) State training programs in existence 

19 as of the date of publication of the guidelines; 

20 ‘‘(B) training programs that are being em21 ployed by tank owners and tank operators as of 

22 the date of enactment of this section; 

23 ‘‘(C) the high turnover rate of tank opera24 tors and other personnel; 

25 ‘‘(D) the frequency of improvement in un26 derground storage tank equipment technology; 
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1 ‘‘(E) the nature of the businesses in which 

2 the tank operators are engaged; and 

3 ‘‘(F) such other factors as the Adminis4 trator determines to be necessary to carry out 

5 this section.

6 ‘‘(b) EPA AND STATE PROGRAMS.—

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date on which the Administrator publishes the 

9 guidelines under subsection (a)(1), the Adminis10 trator and each State, as appropriate, shall develop 

11 training requirements that are consistent with the 

12 guidelines developed under subsection (a)(1). 

13 ‘‘(2) REQUIREMENTS.—Requirements described 

14 in paragraph (1) shall—

15 ‘‘(A) be consistent with subsection (a); and 

16 ‘‘(B) take into consideration training pro17 grams implemented by tank owners and tank 

18 operators as of the date of enactment of this 

19 section. 

20 ‘‘(3) FINANCIAL INCENTIVE.—The Adminis21 trator may award to a State that develops and im22 plements requirements described in paragraph (1), 

23 in addition to any funds that the State is entitled to 

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

25 to be used to carry out the requirements. 
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1 ‘‘(c) OPERATORS.—

2 ‘‘(1) DOCUMENTATION.—After the training re3 quirements are developed by the Administrator or 

4 State, as appropriate, under subsection (b), all oper5 ators of underground storage tank systems and the 

6 other personnel referred to in subsection (a)(1) shall 

7 submit documentation to the Administrator or State, 

8 as appropriate, establishing that they have met such 

9 training requirements within—

10 ‘‘(A) 18 months; 

11 ‘‘(B) the time frame established by the Ad12 ministrator or State under subsection (b); or 

13 ‘‘(C) within 90 days of the date which the 

14 facility at which they work is determined to be 

15 out of compliance with—

16 ‘‘(i) a requirement or standard pro17 mulgated by the Administrator under sec18 tion 9003; or 

19 ‘‘(ii) a requirement or standard of a 

20 State program approved under section 

21 9004

22 whichever is sooner. 

23 ‘‘(2) NEW EMPLOYEES.—After such 18-month 

24 period each operator of an underground storage tank 

25 system and the other personnel referred to in sub-
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1 section (a)(1) who has not previously received such 

2 training shall, within 90 days of entering their posi3 tion, submit documentation to the Administrator or 

4 State, as appropriate, establishing that they have 

5 met such training requirements. 

6 ‘‘(3) PERIODIC UPDATES.—All operators and 

7 other personnel required to submit documentation 

8 under this subsection shall submit updated docu9 mentation to the Administrator or State, as appro10 priate, establishing that they have met such training 

11 requirements every 5 years after submitting the 

12 original documentation.’’. 

13 (b) STATE PROGRAM REQUIREMENT.—Section 

14 9004(a) of the Solid Waste Disposal Act (42 U.S.C. 

15 6991c(a)) is amended by striking ‘‘and’’ at the end of 

16 paragraph (7), by striking the period at the end of para17 graph (8) and inserting ‘‘; and’’ and by adding the fol18 lowing new paragraph at the end thereof: 

19 ‘‘(9) State-specific training requirements as re20 quired by section 9010.’’. 

21 (c) ENFORCEMENT.—Section 9006(d)(2) of the Solid 

22 Waste Disposal Act (42 U.S.C. 6991e(d)(2)) is amended 

23 by striking ‘‘or’’ at the end of subparagraph (B), inserting 

24 ‘‘;’’ at the end subparagraph (C), and by adding the fol25 lowing new subparagraph after subparagraph (C): 
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1 ‘‘(D) the training requirements established by 

2 States pursuant to section 9010 (relating to oper3 ator training);’’. 

4 SEC. 5. REMEDIATION OF CONTAMINATION FROM 

5 OXYGENATED FUEL ADDITIVES. 

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

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

8 (1) In paragraph (7)(A)—

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

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

11 (2), and (12)’’; and 

12 (B) by striking ‘‘, and including the au13 thorities of paragraphs (4), (6), and (8) of this 

14 subsection’’ and inserting ‘‘and the authority 

15 under sections 9005(c), 9011, 9012, and 9013 

16 and paragraphs (4), (6), and (8),’’. 

17 (2) By adding at the end the following: 

18 ‘‘(12) REMEDIATION OF OXYGENATED FUEL

19 ADDITIVE CONTAMINATION.—

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

21 and the States may use funds made available 

22 under section 9014(2)(B) to carry out correc23 tive actions with respect to a release of an 

24 oxygenated fuel additive that presents a threat 

25 to human health, welfare, or the environment. 
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1 ‘‘(B) APPLICABLE AUTHORITY.—The Ad2 ministrator or a State shall carry out subpara3 graph (A)—

4 ‘‘(i) in accordance with paragraph (2); 

5 and 

6 ‘‘(ii) in the case of a State, in accord7 ance with a cooperative agreement entered 

8 into by the Administrator and the State 

9 under paragraph (7).’’. 

10 SEC. 6. FEDERAL FACILITIES. 

11 Section 9007 of the Solid Waste Disposal Act (42 

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

13 ‘‘SEC. 9007. FEDERAL FACILITIES. 

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

15 instrumentality of the executive, legislative, and judicial 

16 branches of the Federal Government (1) having jurisdic17 tion over any underground storage tank or underground 

18 storage tank system, or (2) engaged in any activity result19 ing, or which may result, in the installation, operation,

20 management, or closure of any underground storage tank, 

21 release response activities related thereto, or in the deliv22 ery or deposit of any regulated substance to an under23 ground storage tank or underground storage tank system 

24 shall be subject to, and comply with, all Federal, State, 

25 interstate, and local requirements, both substantive and 
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1 procedural (including any requirement for permits or re2 porting or any provisions for injunctive relief and such 

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

4 relief), respecting underground storage tanks in the same 

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

6 to such requirements, including the payment of reasonable 

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

8 substantive and procedural requirements referred to in 

9 this subsection include, but are not limited to, all adminis10 trative orders and all civil and administrative penalties 

11 and fines, regardless of whether such penalties or fines 

12 are punitive or coercive in nature or are imposed for iso13 lated, intermittent, or continuing violations. The United 

14 States hereby expressly waives any immunity otherwise 

15 applicable to the United States with respect to any such 

16 substantive or procedural requirement (including, but not 

17 limited to, any injunctive relief, administrative order or 

18 civil or administrative penalty or fine referred to in the 

19 preceding sentence, or reasonable service charge). The rea20 sonable service charges referred to in this subsection in21 clude, but are not limited to, fees or charges assessed in 

22 connection with the processing and issuance of permits, 

23 renewal of permits, amendments to permits, review of 

24 plans, studies, and other documents, and inspection and 

25 monitoring of facilities, as well as any other nondiscrim-
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1 inatory charges that are assessed in connection with a 

2 Federal, State, interstate, or local underground storage 

3 tank regulatory program. Neither the United States, nor 

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

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

6 Federal Court with respect to the enforcement of any such 

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

8 United States shall be personally liable for any civil pen9 alty under any Federal, State, interstate, or local law con10 cerning underground storage tanks with respect to any act 

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

12 agent, employee, or officer. An agent, employee, or officer 

13 of the United States shall be subject to any criminal sanc14 tion (including, but not limited to, any fine or imprison15 ment) under any Federal or State law concerning under16 ground storage tanks, but no department, agency, or in17 strumentality of the executive, legislative, or judicial 

18 branch of the Federal Government shall be subject to any 

19 such sanction. The President may exempt any under20 ground storage tank of any department, agency, or instru21 mentality in the executive branch from compliance with 

22 such a requirement if he determines it to be in the para23 mount interest of the United States to do so. No such 

24 exemption shall be granted due to lack of appropriation 

25 unless the President shall have specifically requested such 
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1 appropriation as a part of the budgetary process and the 

2 Congress shall have failed to make available such re3 quested appropriation. Any exemption shall be for a period 

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

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

6 President’s making a new determination. The President 

7 shall report each January to the Congress all exemptions 

8 from the requirements of this section granted during the 

9 preceding calendar year, together with his reason for 

10 granting each such exemption. 

11 ‘‘(b) REVIEW OF AND REPORT ON FEDERAL UNDER12 GROUND STORAGE TANKS.—

13 ‘‘(1) REVIEW.—Not later than 9 months after 

14 the date of enactment of the Underground Storage 

15 Tank Reform and Compliance Act of 2003, each 

16 Federal agency that owns or operates 1 or more un17 derground storage tanks, or that manages land on 

18 which 1 or more underground storage tanks are lo19 cated, shall submit to the Administrator, the Com20 mittee on Energy and Commerce of the United 

21 States House of Representatives and the Committee 

22 on the Environment and Public Works of the United 

23 States Senate a compliance strategy report that—

24 ‘‘(A) lists each underground storage tank 

25 described in this paragraph that, as of the date 
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1 of submission of the report, is not in compliance 

2 with this subtitle; 

3 ‘‘(B) specifies the date of the last inspec4 tion by a State or Federal inspector of each un5 derground storage tank owned or operated by 

6 the agency; 

7 ‘‘(C) lists each violation of this subtitle re8 specting any underground storage tank owned 

9 or operated by the agency and the location of 

10 such tank; 

11 ‘‘(D) describes the operator training that 

12 has been provided to the operator and other 

13 persons having primary daily on-site manage14 ment responsibility for the operation and main15 tenance of underground storage tanks owned or 

16 operated by the agency; and 

17 ‘‘(E) describes the actions that have been 

18 and will be taken to ensure compliance by the 

19 underground storage tank with this subtitle. 

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

21 does not relieve any person from any obligation or 

22 requirement under this subtitle.’’. 
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1 SEC. 7. RELEASE PREVENTION AND COMPLIANCE. 

2 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis3 posal Act (42 U.S.C. 6991 and following) is amended by 

4 adding at the end the following: 

5 ‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 

6 COMPLIANCE. 

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

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

9 issue orders, or bring actions under this subtitle—

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

11 cooperative agreement with the Administrator, of 

12 State regulations pertaining to underground storage 

13 tanks regulated under this subtitle; and 

14 ‘‘(2) by the Administrator, under this subtitle 

15 (including under a State program approved under 

16 section 9004).’’. 

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

18 the Solid Waste Disposal Act (42 U.S.C. 6991b) is amend19 ed by adding at the end the following: 

20 ‘‘(i) GOVERNMENT-OWNED TANKS.—

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

22 later than 18 months after the date of enactment of

23 the Underground Storage Tank Reform and Compli24 ance Act of 2003, each State shall submit to the 

25 Administrator a State compliance report that—
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1 ‘‘(i) lists each underground storage tank 

2 described in subparagraph (B) in the State 

3 that, as of the date of submission of the report, 

4 is not in compliance with this subtitle; and 

5 ‘‘(ii) describes the actions that have been 

6 and will be taken to ensure compliance by the 

7 underground storage tank listed under clause 

8 (i) with this subtitle. 

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

10 this subparagraph is an underground storage tank 

11 that is—

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

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

14 State, or local government. 

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

16 received under subparagraph (A), available to the 

17 public through an appropriate media. 

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

19 does not relieve any person from any obligation or 

20 requirement under this subtitle.’’. 

21 (c) PUBLIC RECORD.—Section 9002 of the Solid 

22 Waste Disposal Act (42 U.S.C. 6991a) is amended by add23 ing at the end the following: 

24 ‘‘(d) PUBLIC RECORD.—
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1 ‘‘(1) IN GENERAL.—The Administrator shall re2 quire each State that receives Federal funds to carry 

3 out this subtitle to maintain, update at least annu4 ally, and make available to the public, in such man5 ner and form as the Administrator shall prescribe 

6 (after consultation with States), a record of under7 ground storage tanks regulated under this subtitle. 

8 ‘‘(2) CONSIDERATIONS.—To the maximum ex9 tent practicable, the public record of a State, respec10 tively, shall include, for each year—

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

12 underground storage tank releases in the State; 

13 ‘‘(B) the record of compliance by under14 ground storage tanks in the State with—

15 ‘‘(i) this subtitle; or 

16 ‘‘(ii) an applicable State program ap17 proved under section 9004; and 

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

19 storage tank equipment failures in the State.

20 ‘‘(3) AVAILABILITY.—The Administrator shall 

21 make the public record of each State under this sec22 tion available to the public through an appropriate 

23 media.’’. 
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1 SEC. 8. DELIVERY PROHIBITION. 

2 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis3 posal Act (42 U.S.C. 6991 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘SEC. 9012. DELIVERY PROHIBITION. 

6 ‘‘(a) REQUIREMENTS

7 ‘‘(1) PROHIBITION OF DELIVERY OR DE8 POSIT.—Subject to subsection(b), beginning 18 

9 months after the date of enactment of this section, 

10 it shall be unlawful to deliver to, deposit into, or ac11 cept a regulated substance into an underground 

12 storage tank at a facility which has been identified 

13 by the Administrator or a State implementing agen14 cy to be ineligible for fuel delivery or deposit. 

15 ‘‘(2) NOTIFICATION.—The Administrator or the 

16 State implementing agency shall make readily known 

17 to the underground storage tank owners and product 

18 delivery industries, the facilities deemed ineligible for 

19 delivery or deposit. The mechanism used to indicate 

20 facilities ineligible for delivery or deposit may in21 clude tags or seals on underground storage tank sys22 tem fill pipes, decals posted on dispensers, lists post23 ed on web sites, or any other mechanism deemed ap24 propriate. 

25 ‘‘(3) GUIDANCE.—Within 12 months of enact26 ment of this section, the Administrator and States 
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1 shall, in consultation with the underground storage 

2 tank owner and product delivery industries, for terri3 tory for which they are the primary implementing 

4 agencies, publish guidelines detailing the specific 

5 processes and procedures they will use to implement 

6 the provisions of this section. The processes and pro7 cedures include, at a minimum, the following: 

8 ‘‘(A) the criteria for determining which un9 derground storage tank facilities are ineligible 

10 for delivery or deposit; 

11 ‘‘(B) the mechanisms for identifying which 

12 facilities are ineligible for delivery or deposit to 

13 the underground storage tank owning and fuel 

14 delivery industries; 

15 ‘‘(C) the process for reclassifying ineligible 

16 facilities as eligible for delivery or deposit; and 

17 ‘‘(D) a delineation of, or a process for de18 termining, the specified geographic areas sub19 ject to subsection (b). 

20 ‘‘(b) LIMITATIONS.—

21 ‘‘(1) SPECIFIED GEOGRAPHIC AREAS.—Subject 

22 to paragraph (2), the Administration or a State may 

23 not identify a facility as ineligible for delivery or de24 posit if that identification would jeopardize the avail-
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1 ability of, or access to, fuel in any specified geo2 graphic area. 

3 ‘‘(2) APPLICABILITY OF LIMITATION.—The lim4 itation under paragraph (1) shall apply only during 

5 the 180-day period following the date upon which 

6 the Administrator or State agency determines a fa7 cility would have become ineligible for delivery or de8 posit in the absence of the limitation in paragraph 

9 (1). Such limitation shall not apply whenever there 

10 is a release or threatened release from a tank at 

11 such facility that poses a threat to human health 

12 and the environment.’’. 

13 (b) ENFORCEMENT.—Section 9006(d)(2)(42 U.S.C. 

14 6991e(d)(2)) of such Act is amended— 

15 (1) by adding the following new subparagraph 

16 after subparagraph (D): 

17 ‘‘(E) the delivery prohibition requirement estab18 lished by section 9012; or’’; and 

19 (2) by adding the following new sentence at the 

20 end thereof: ‘‘Any person making a delivery or de21 posit of a regulated substance to an underground 

22 storage tank at an ineligible facility in violation of

23 section 9012 shall also be subject to the same civil 

24 penalty for each day of such violation.’’
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1 SEC. 9. SECONDARY CONTAINMENT. 

2 (a) IN GENERAL.—Section 9003 of the Solid Waste 

3 Disposal Act (42 U.S.C. 6991b) is amended by adding the 

4 following new subsection at the end thereof: 

5 ‘‘(j) SECONDARY CONTAINMENT.—

6 ‘‘(1) IN GENERAL.—Any new underground stor7 age tank system installed after the effective date of 

8 this subsection, or any existing underground storage 

9 tank system that is replaced after the effective date 

10 of this subsection, shall be secondarily contained and 

11 space between the primary and secondary contain12 ment shall be monitored for leaks. 

13 ‘‘(2) LIMITATIONS.—(A) In the case of the re14 placement of an existing underground storage tank 

15 that is connected to other underground storage 

16 tanks by piping, paragraph (1) shall apply only to 

17 the underground storage tank being replaced and 

18 not to such other underground storage tanks. 

19 ‘‘(B) In the case of the replacement of existing 

20 underground pipes connected to an underground 

21 storage tank, paragraph (1) shall apply only to the 

22 underground pipes and not to the underground stor23 age tanks to which the pipes are connected. 

24 ‘‘(3) EFFECTIVE DATE.—This subsection shall 

25 take effect 18 months after the date of enactment 

26 of this subsection. 
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1 ‘‘(4) DEFINITIONS.—As used in this subsection: 

2 ‘‘(A) The term ‘secondarily contained’ 

3 means a release detection and prevention sys4 tem that meets the requirements of 40 Code of 

5 Federal Regulations section 280.43(g) and in6 cludes double-walled tanks and piping systems, 

7 dispenser liners, piping sumps, or single-walled 

8 tanks or piping systems that are contained 

9 within a liner or an impervious barrier area as 

10 set forth in 40 Code of Federal Regulations 

11 part 280. 

12 ‘‘(B) The term ‘underground storage tank’ 

13 has the meaning given to this term under sec14 tion 9001, except as limited with respect to 

15 tank combinations and underground pipes 

16 under paragraph (2) of this subsection. 

17 ‘‘(5) PROMULGATION OF REGULATIONS OR

18 GUIDELINES.—The Administrator may issue regula19 tions or guidelines implementing the requirements of 

20 paragraph (1).’’. 

21 (b) PENALTIES.—Section 9006(d)(2) of such Act(42 

22 U.S.C. 6991e(d)(2)) is amended by adding the following 

23 new subparagraph after subparagraph (E): 

24 ‘‘(F) the secondary containment requirements 

25 established in section 9003(j).’’. 
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1 SEC. 10. CRIMINAL PENALTIES. 

2 Section 9006 of the Solid Waste Disposal Act (42 

3 U.S.C. 6991d) is amended by adding the following at the 

4 end thereof: 

5 ‘‘(e) CRIMINAL PENALTIES.—

6 ‘‘(1) IN GENERAL.—Any person who knowingly 

7 omits material information or makes any false mate8 rial statement or representation in documentation 

9 used to comply with, or to demonstrate compliance 

10 with, the requirements of this subtitle shall, upon 

11 conviction, be subject to a fine of not more than 

12 $50,000 for each false statement or misrepresenta13 tion, or imprisonment not to exceed two years. If the 

14 conviction of such person under this subsection is for 

15 a violation after a first conviction of such person 

16 under this subsection, the maximum punishment 

17 shall be doubled with respect to both fine and im18 prisonment. Such documentation includes, but is not 

19 limited to, testing results for, or demonstration of 

20 compliance with, release detection, corrosion protec21 tion, or financial responsibility provisions; release re22 porting; site assessments sampling results and re23 ports; and corrective action testing and reporting. 

24 ‘‘(2) KNOWING ENDANGERMENT.—Any person 

25 who knowingly violates any requirement of this sub26 title or of the regulations under this subtitle who 
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1 knows at that time that he thereby places another 

2 person in imminent danger of death or serious bodily 

3 injury, shall, upon conviction, be subject to a fine of 

4 not more than $250,000 or imprisonment for not 

5 more than fifteen years, or both. A defendant that 

6 is an organization shall, upon conviction of violating 

7 this subsection, be subject to a fine of not more than 

8 $1,000,000.’’. 

9 SEC. 11. COMMUNITY RIGHT TO KNOW. 

10 (a) IN GENERAL.—Subtitle I of the Solid Waste Dis11 posal Act (42 U.S.C. 6991 and following) is amended by 

12 adding the following new section at the end thereof: 

13 ‘‘SEC. 9013. COMMUNITY RIGHT TO KNOW. 

14 ‘‘(a) IN GENERAL.—The Administrator or a State 

15 that receives funding from this subtitle, as appropriate, 

16 shall make available to the public, on a publicly available 

17 web site, the names and locations of each underground 

18 storage tank facility—

19 ‘‘(1) determined to be out of compliance with 

20 underground storage tank regulatory provisions by 

21 the Administrator or State, as appropriate; or 

22 ‘‘(2) with confirmed releases. 

23 Such information shall be updated at least on a quarterly 

24 basis. 
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1 ‘‘(b) FACILITIES DETERMINED TO BE OUT OF COM2 PLIANCE.—For facilities determined to be out of compli3 ance with underground storage tank regulatory provisions, 

4 the web site shall include the date of the determination 

5 of noncompliance, the nature of each violation, and, to the 

6 extent practicable, the status of efforts to return to com7 pliance. 

8 ‘‘(c) FACILITIES WITH CONFIRMED RELEASES.—For 

9 facilities with confirmed releases, the web site should in10 clude the date of the confirmed releases, the substance re11 leased, the current status of the cleanup, and, to the ex12 tent practicable, the extent of the contamination.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall take effect on the date 18 months after 

15 the enactment of this Act. 

16 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

17 Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 

18 6991 et seq.) is amended by adding at the end the fol19 lowing:

20 ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated to the Ad22 ministrator—

23 ‘‘(1) to carry out subtitle I (except sections 

24 9003(h), 9005(c), 9011, and 9012) $50,000,000 for 

25 each of fiscal years 2004 through 2008; and 
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1 ‘‘(2) from the Trust Fund, notwithstanding sec2 tion 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 ‘‘(i) $200,000,000 for each of fiscal 

9 years 2004 and 2005; and 

10 ‘‘(ii) $150,000,000 for each of fiscal 

11 years 2006 through 2008; 

12 ‘‘(C) to carry out section 9005(c) 

13 $60,000,000 for each of fiscal years 2004 

14 through 2008; and 

15 ‘‘(D) to carry out section 9011 and 9012 

16 (except for activities where funds are made 

17 available under 9005(c)) $100,000,000 for each 

18 of fiscal years 2004 through 2008.’’. 

19 SEC. 13. CONFORMING AMENDMENTS. 

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

21 Disposal Act (42 U.S.C. 6991) is amended—

22 (1) by striking ‘‘For the purposes of this sub23 title—’’ and inserting ‘‘For the purposes of this sub24 title:’’; and 
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1 (2) by inserting after paragraph (8) the fol2 lowing: 

3 ‘‘(9) TRUST FUND.—The terms ‘Trust Fund’ 

4 and ‘Leaking Underground Storage Tank Trust 

5 Fund’ mean the Leaking Underground Storage 

6 Tank Trust Fund established by section 9508 of the 

7 Internal Revenue Code of 1986.’’. 

8 (b) CONFORMING AMENDMENTS.—(1) Section 1001 

9 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 

10 is amended in the table of contents—

11 (A) in the item relating to section 9002, by in12 serting ‘‘and public records’’ after ‘‘Notification’’; 

13 and 

14 (B) by striking the item relating to section 

15 9010 and inserting the following:

‘‘Sec. 9010. Operator training. 

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

‘‘Sec. 9012. Delivery prohibition. 

‘‘Sec. 9013. Community right to know. 

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

16 (2) Section 9002 of the Solid Waste Disposal Act (42 

17 U.S.C. 6991a) is amended in the section heading by in18 serting ‘‘AND PUBLIC RECORDS’’ after ‘‘NOTIFICA19 TION’’. 

20 (3) Section 9003(f) of the Solid Waste Disposal Act 

21 (42 U.S.C. 6991b(f)) is amended—

22 (A) in paragraph (1), by striking ‘‘9001(2)(B)’’ 

23 and inserting ‘‘9001’’; and 
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1 (B) in paragraphs (2) and (3), by striking 

2 ‘‘9001(2)(A)’’ each place it appears and inserting 

3 ‘‘9001’’. 

4 (4) Section 9009 of the Solid Waste Disposal Act (42 

5 U.S.C. 6991h) is amended in subsection (a), by striking 

6 ‘‘9001(2)(B)’’ and inserting ‘‘9001’’. 

7 (5) Section 2007(f) of such Act is repealed. 

8 SEC. 14. TECHNICAL AMENDMENTS. 

9 (a) SECTION 9001.—Section 9001(3)(A) of the Solid 

10 Waste Disposal Act (42 U.S.C. 6991(4)(A)) is amended 

11 by striking ‘‘sustances’’ and inserting ‘‘substances’’. 

12 (b) SECTION 9003.—Section 9003(f)(1) of the Solid 

13 Waste Disposal Act (42 U.S.C. 6991b(f)(1)) is amended 

14 by striking ‘‘subsection (c) and (d) of this section’’ and 

15 inserting ‘‘subsections (c) and (d)’’. 

16 (c) SECTION 9004.—Section 9004(a) of the Solid 

17 Waste Disposal Act (42 U.S.C. 6991c(a)) is amended by 

18 striking ‘‘in 9001(2)(A) or (B) or both’’ and inserting ‘‘in 

19 subparagraph (A) or (B) of section 9001(2)’’. 

20 (d) SECTION 9005.—Section 9005 of the Solid Waste 

21 Disposal Act (42 U.S.C. 6991d) is amended—

22 (1) in subsection (a), by striking ‘‘study tak23 ing’’ and inserting ‘‘study, taking’’; 

24 (2) in subsection (b)(1), by striking ‘‘relevent’’ 

25 and inserting ‘‘relevant’’; and 
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1 (3) in subsection (b)(4), by striking 

2 ‘‘Evironmental’’ and inserting ‘‘Environmental’’.

Æ