II 

Calendar No. 25

108TH CONGRESS 

1ST SESSION S. 195

[Report No. 108–13] 

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 SENATE OF THE UNITED STATES 

JANUARY 17, 2003

Mr. CHAFEE (for himself, Mr. INHOFE, Mr. JEFFORDS, Mr. CARPER, and Mr. 

WARNER) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

MARCH 5, 2003

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Underground Storage 

3 Tank Compliance Act of 2003’’. 

4 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 

5 Section 9004 of the Solid Waste Disposal Act (42 

6 U.S.C. 6991c) is amended by adding at the end the fol7 lowing: 

8 ‘‘(f) TRUST FUND DISTRIBUTION.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) AMOUNT AND PERMITTED USES OF

11 DISTRIBUTION.—The Administrator shall dis12 tribute to States not less than 80 percent of the 

13 funds from the Trust Fund that are made 

14 available to the Administrator under section 

15 9014(2)(A) for each fiscal year for use in pay16 ing the reasonable costs, incurred under a coop17 erative agreement with any State, of—

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

19 section 9003(h)(7)(A); 

20 ‘‘(ii) necessary administrative ex21 penses, as determined by the Adminis22 trator, that are directly related to correc23 tive action and compensation programs 

24 under subsection (c)(1); 

25 ‘‘(iii) any corrective action and com26 pensation program carried out under sub-
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1 section (c)(1) for a release from an under2 ground storage tank regulated under this 

3 subtitle to the extent that, as determined 

4 by the State in accordance with guidelines 

5 developed jointly by the Administrator and 

6 the State, the financial resources of the 

7 owner or operator of the underground stor8 age tank (including resources provided by 

9 a program in accordance with subsection 

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

11 a corrective action without significantly im12 pairing the ability of the owner or operator 

13 to continue in business; 

14 ‘‘(iv) enforcement by the State or a 

15 local government of State or local regula16 tions pertaining to underground storage 

17 tanks regulated under this subtitle; or 

18 ‘‘(v) State or local corrective actions 

19 carried out under regulations promulgated 

20 under section 9003(c)(4). 

21 ‘‘(B) USE OF FUNDS FOR ENFORCE22 MENT.—In addition to the uses of funds au23 thorized under subparagraph (A), the Adminis24 trator may use funds from the Trust Fund that 

25 are not distributed to States under subpara-
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1 graph (A) for enforcement of any regulation 

2 promulgated by the Administrator under this 

3 subtitle. 

4 ‘‘(C) PROHIBITED USES.—Except as pro5 vided in subparagraph (A)(iii), under any simi6 lar requirement of a State program approved 

7 under this section, or in any similar State or 

8 local provision as determined by the Adminis9 trator, funds provided to a State by the Admin10 istrator under subparagraph (A) shall not be 

11 used by the State to provide financial assistance 

12 to an owner or operator to meet any require13 ment relating to underground storage tanks 

14 under part 280 of title 40, Code of Federal 

15 Regulations (as in effect on the date of enact16 ment of this subsection). 

17 ‘‘(2) ALLOCATION.—

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

19 (B), in the case of a State with which the Ad20 ministrator has entered into a cooperative 

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

22 Administrator shall distribute funds from the 

23 Trust Fund to the State using the allocation 

24 process developed by the Administrator. 
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1 ‘‘(B) REVISIONS TO PROCESS.—The Ad2 ministrator may revise the allocation process re3 ferred to in subparagraph (A) with respect to a 

4 State only after—

5 ‘‘(i) consulting with—

6 ‘‘(I) State agencies responsible 

7 for overseeing corrective action for re8 leases from underground storage 

9 tanks; 

10 ‘‘(II) owners; and 

11 ‘‘(III) operators; and 

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

13 minimum—

14 ‘‘(I) the total tax revenue con15 tributed to the Trust Fund from all 

16 sources within the State; 

17 ‘‘(II) the number of confirmed 

18 releases from federally regulated un19 derground storage tanks in the State; 

20 ‘‘(III) the number of federally 

21 regulated underground storage tanks 

22 in the State; 

23 ‘‘(IV) the percentage of the popu24 lation of the State that uses ground25 water for any beneficial purpose; 
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1 ‘‘(V) the performance of the 

2 State in implementing and enforcing 

3 the program; 

4 ‘‘(VI) the financial needs of the 

5 State; and 

6 ‘‘(VII) the ability of the State to 

7 use the funds referred to in subpara8 graph (A) in any year. 

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

10 Distributions from the Trust Fund under this sub11 section shall be made directly to a State agency 

12 that—

13 ‘‘(A) enters into a cooperative agreement 

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

15 ‘‘(B) is enforcing a State program ap16 proved under this section. 

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

18 from the Trust Fund provided by States to owners 

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

20 subject to cost recovery by the Administrator under 

21 section 9003(h)(6).’’. 

22 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

23 Section 9005 of the Solid Waste Disposal Act (42 

24 U.S.C. 6991d) is amended—
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1 (1) by redesignating subsections (a) and (b) as 

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

3 (2) by inserting before subsection (b) (as redes4 ignated by paragraph (1)) the following: 

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

6 years after the date of enactment of the Underground 

7 Storage Tank Compliance Act of 2003, and at least once 

8 every 2 years thereafter, the Administrator or a State with 

9 a program approved under section 9004, as appropriate, 

10 shall require that all underground storage tanks regulated 

11 under this subtitle undergo onsite inspections for compli12 ance with regulations promulgated under section 

13 9003(c).’’. 

14 SEC. 4. OPERATOR TRAINING. 

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

16 6991 et seq.) is amended by striking section 9010 and 

17 inserting the following: 

18 ‘‘SEC. 9010. OPERATOR TRAINING. 

19 ‘‘(a) GUIDELINES.—

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

21 after the date of enactment of the Underground 

22 Storage Tank Compliance Act of 2003, in coopera23 tion with States, owners, and operators, the Admin24 istrator shall publish in the Federal Register, after 

25 public notice and opportunity for comment, guide-
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1 lines that specify methods for training operators of 

2 underground storage tanks. 

3 ‘‘(2) CONSIDERATIONS.—The guidelines de4 scribed in paragraph (1) shall take into account—

5 ‘‘(A) State training programs in existence 

6 as of the date of publication of the guidelines; 

7 ‘‘(B) training programs that are being em8 ployed by owners and operators as of the date 

9 of enactment of this paragraph; 

10 ‘‘(C) the high turnover rate of operators; 

11 ‘‘(D) the frequency of improvement in un12 derground storage tank equipment technology; 

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

14 the operators are engaged; and 

15 ‘‘(F) such other factors as the Adminis16 trator determines to be necessary to carry out 

17 this section. 

18 ‘‘(b) STATE PROGRAMS.—

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

20 after the date on which the Administrator publishes 

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

22 shall develop and implement a strategy for the train23 ing of operators of underground storage tanks that 

24 is consistent with paragraph (2). 
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1 ‘‘(2) REQUIREMENTS.—A State strategy de2 scribed in paragraph (1) shall—

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

4 ‘‘(B) be developed in cooperation with own5 ers and operators; and 

6 ‘‘(C) take into consideration training pro7 grams implemented by owners and operators as 

8 of the date of enactment of this subsection. 

9 ‘‘(3) FINANCIAL INCENTIVE.—The Adminis10 trator may award to a State that develops and im11 plements a strategy described in paragraph (1), in 

12 addition to any funds that the State is entitled to 

13 receive under this subtitle, not more than $50,000, 

14 to be used to carry out the strategy.’’. 

15 SEC. 5. REMEDIATION OF MTBE CONTAMINATION. 

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

17 U.S.C. 6991b(h)) is amended—

18 (1) in paragraph (7)(A)—

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

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

21 (2), and (12)’’; and 

22 (B) by striking ‘‘, and including the au23 thorities of paragraphs (4), (6), and (8) of this 

24 subsection’’ and inserting ‘‘and the authority 
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1 under sections 9005(a) and 9011 and para2 graphs (4), (6), and (8),’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(12) REMEDIATION OF MTBE CONTAMINA5 TION.—

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

7 and the States may use funds made available 

8 under section 9014(2)(B) to carry out correc9 tive actions with respect to a release of methyl 

10 tertiary butyl ether that presents a threat to 

11 human health or welfare or the environment. 

12 ‘‘(B) APPLICABLE AUTHORITY.—The Ad13 ministrator or a State shall carry out subpara14 graph (A)—

15 ‘‘(i) in accordance with paragraph (2), 

16 except that a release with respect to which 

17 a corrective action is carried out under 

18 subparagraph (A) shall not be required to 

19 be from an underground storage tank; and 

20 ‘‘(ii) in the case of a State, in accord21 ance with a cooperative agreement entered 

22 into by the Administrator and the State 

23 under paragraph (7).’’. 
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1 SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND EN2 FORCEMENT. 

3 (a) RELEASE PREVENTION AND COMPLIANCE.—Sub4 title I of the Solid Waste Disposal Act (42 U.S.C. 6991 

5 et seq.) (as amended by section 4) is amended by adding 

6 at the end the following: 

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

8 COMPLIANCE. 

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

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

11 issue orders, or bring actions under this subtitle—

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

13 cooperative agreement with the Administrator, of 

14 State regulations pertaining to underground storage 

15 tanks regulated under this subtitle; and 

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

17 (including under a State program approved under 

18 section 9004).’’. 

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

20 the Solid Waste Disposal Act (42 U.S.C. 6991b) is amend21 ed by adding at the end the following: 

22 ‘‘(i) GOVERNMENT-OWNED TANKS.—

23 ‘‘(1) IMPLEMENTATION REPORT.—

24 ‘‘(A) IN GENERAL.—Not later than 2 years 

25 after the date of enactment of this subsection, 
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1 each State shall submit to the Administrator an 

2 implementation report that—

3 ‘‘(i) lists each underground storage 

4 tank described in subparagraph (B) in the 

5 State that, as of the date of submission of 

6 the report, is not in compliance with this 

7 subtitle; and 

8 ‘‘(ii) describes the actions that have 

9 been and will be taken to ensure compli10 ance by the underground storage tank list11 ed under clause (i) with this subtitle. 

12 ‘‘(B) UNDERGROUND STORAGE TANK.—An 

13 underground storage tank described in this sub14 paragraph is an underground storage tank that 

15 is—

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

17 ‘‘(ii) owned or operated by the State 

18 government or any local government. 

19 ‘‘(C) PUBLIC AVAILABILITY.—The Admin20 istrator shall make each report received under 

21 subparagraph (A) available to the public on the 

22 Internet. 

23 ‘‘(2) FINANCIAL INCENTIVE.—The Adminis24 trator may award to a State that develops an imple25 mentation report described in paragraph (1), in ad-
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1 dition to any funds that the State is entitled to re2 ceive under this subtitle, not more than $50,000, to 

3 be used to carry out the implementation report. 

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

5 does not relieve any person from any obligation or 

6 requirement under this subtitle.’’. 

7 (c) INCENTIVES FOR PERFORMANCE.—Section 9006 

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

9 amended by adding at the end the following: 

10 ‘‘(e) INCENTIVES FOR PERFORMANCE.—In deter11 mining the terms of a compliance order under subsection 

12 (a), or the amount of a civil penalty under subsection (d), 

13 the Administrator, or a State under a program approved 

14 under section 9004, may take into consideration whether 

15 an owner or operator—

16 ‘‘(1) has a history of operating underground 

17 storage tanks of the owner or operator in accordance 

18 with—

19 ‘‘(A) this subtitle; or 

20 ‘‘(B) a State program approved under sec21 tion 9004; 

22 ‘‘(2) has repeatedly violated—

23 ‘‘(A) this subtitle; or 

24 ‘‘(B) a State program approved under sec25 tion 9004; or 
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1 ‘‘(3) has implemented a program, consistent 

2 with guidelines published under section 9010, that 

3 provides training to persons responsible for oper4 ating any underground storage tank of the owner or 

5 operator.’’. 

6 (d) AUTHORITY TO PROHIBIT CERTAIN DELIV7 ERIES.—Section 9006 of the Solid Waste Disposal Act (42 

8 U.S.C. 6991e) (as amended by subsection (c)) is amended 

9 by adding at the end the following: 

10 ‘‘(f) AUTHORITY TO PROHIBIT CERTAIN DELIV11 ERIES.—

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 beginning 180 days after the date of enactment of 

14 this subsection, the Administrator or a State may 

15 prohibit the delivery of regulated substances to un16 derground storage tanks that are not in compliance 

17 with—

18 ‘‘(A) a requirement or standard promul19 gated by the Administrator under section 9003; 

20 or 

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

22 program approved under section 9004. 

23 ‘‘(2) LIMITATIONS.—

24 ‘‘(A) SPECIFIED GEOGRAPHIC AREAS.—

25 Subject to subparagraph (B), under paragraph 
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1 (1), the Administrator or a State shall not pro2 hibit a delivery if the prohibition would jeop3 ardize the availability of, or access to, fuel in 

4 any specified geographic area. 

5 ‘‘(B) APPLICABILITY OF LIMITATION.—

6 The limitation under subparagraph (A) shall 

7 apply only during the 180-day period following 

8 the date of a determination by the Adminis9 trator that exercising the authority of para10 graph (1) is limited by subparagraph (A). 

11 ‘‘(C) GUIDELINES.—Not later than 18 

12 months after the date of enactment of this sub13 section, the Administrator shall issue guidelines 

14 that define the term ‘specified geographic area’ 

15 for the purpose of subparagraph (A). 

16 ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—Sub17 ject to paragraph (2)(C), the Administrator, after 

18 consultation with States, may issue guidelines for 

19 carrying out this subsection. 

20 ‘‘(4) ENFORCEMENT, COMPLIANCE, AND PEN21 ALTIES.—The Administrator may use the authority 

22 under the enforcement, compliance, or penalty provi23 sions of this subtitle to carry out this subsection. 

24 ‘‘(5) EFFECT ON STATE AUTHORITY.—Nothing 

25 in this subsection affects the authority of a State to 
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1 prohibit the delivery of a regulated substance to an 

2 underground storage tank.’’. 

3 (e) PUBLIC RECORD.—Section 9002 of the Solid 

4 Waste Disposal Act (42 U.S.C. 6991a) is amended by add5 ing at the end the following: 

6 ‘‘(d) PUBLIC RECORD.—

7 ‘‘(1) IN GENERAL.—The Administrator shall re8 quire each State and Indian tribe that receives Fed9 eral funds to carry out this subtitle to maintain, up10 date at least annually, and make available to the 

11 public, in such manner and form as the Adminis12 trator shall prescribe (after consultation with States 

13 and Indian tribes), a record of underground storage 

14 tanks regulated under this subtitle. 

15 ‘‘(2) CONSIDERATIONS.—To the maximum ex16 tent practicable, the public record of a State or In17 dian tribe, respectively, shall include, for each 

18 year—

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

20 underground storage tank releases in the State 

21 or tribal area; 

22 ‘‘(B) the record of compliance by under23 ground storage tanks in the State or tribal area 

24 with—

25 ‘‘(i) this subtitle; or 
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1 ‘‘(ii) an applicable State program ap2 proved under section 9004; and 

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

4 storage tank equipment failures in the State or 

5 tribal area. 

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

7 make the public record of each State and Indian 

8 tribe under this section available to the public elec9 tronically.’’. 

10 SEC. 7. FEDERAL FACILITIES. 

11 Section 9007 of the Solid Waste Disposal Act (42 

12 U.S.C. 6991f) is amended by adding at the end the fol13 lowing: 

14 ‘‘(c) REVIEW OF, AND REPORT ON, FEDERAL UN15 DERGROUND STORAGE TANKS.—

16 ‘‘(1) REVIEW.—Not later than 1 year after the 

17 date of enactment of this subsection, the Adminis18 trator, in cooperation with each Federal agency that 

19 owns or operates 1 or more underground storage 

20 tanks or that manages land on which 1 or more un21 derground storage tanks are located, shall review the 

22 status of compliance of those underground storage 

23 tanks with this subtitle. 

24 ‘‘(2) IMPLEMENTATION REPORT.—
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1 ‘‘(A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this subsection, 

3 each Federal agency described in paragraph (1) 

4 shall submit to the Administrator and to each 

5 State in which an underground storage tank de6 scribed in paragraph (1) is located an imple7 mentation report that—

8 ‘‘(i) lists each underground storage 

9 tank described in paragraph (1) that, as of 

10 the date of submission of the report, is not 

11 in compliance with this subtitle; and 

12 ‘‘(ii) describes the actions that have 

13 been and will be taken to ensure compli14 ance by the underground storage tank with 

15 this subtitle. 

16 ‘‘(B) PUBLIC AVAILABILITY.—The Admin17 istrator shall make each report received under 

18 subparagraph (A) available to the public on the 

19 Internet. 

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

21 does not relieve any person from any obligation or 

22 requirement under this subtitle. 

23 ‘‘(d) APPLICABILITY OF CERTAIN REQUIREMENTS.—

24 Section 6001(a) shall apply to each department, agency, 

25 and instrumentality covered by subsection (a).’’. 
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1 SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN 

2 TRIBES. 

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

4 6991 et seq.) (as amended by section 6(a)) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN 

7 TRIBES. 

8 ‘‘(a) IN GENERAL.—The Administrator, in coordina9 tion with Indian tribes, shall—

10 ‘‘(1) not later than 1 year after the date of en11 actment of this section, develop and implement a 

12 strategy—

13 ‘‘(A) giving priority to releases that 

14 present the greatest threat to human health or 

15 the environment, to take necessary corrective 

16 action in response to releases from leaking un17 derground storage tanks located wholly within 

18 the boundaries of—

19 ‘‘(i) an Indian reservation; or 

20 ‘‘(ii) any other area under the juris21 diction of an Indian tribe; and 

22 ‘‘(B) to implement and enforce require23 ments concerning underground storage tanks 

24 located wholly within the boundaries of—

25 ‘‘(i) an Indian reservation; or 
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1 ‘‘(ii) any other area under the juris2 diction of an Indian tribe; 

3 ‘‘(2) not later than 2 years after the date of en4 actment of this section and every 2 years thereafter, 

5 submit to Congress a report that summarizes the 

6 status of implementation and enforcement of the un7 derground storage tank program in areas located 

8 wholly within—

9 ‘‘(A) the boundaries of Indian reservations; 

10 and 

11 ‘‘(B) any other areas under the jurisdiction 

12 of an Indian tribe; and 

13 ‘‘(3) make the report described in paragraph 

14 (2) available to the public on the Internet. 

15 ‘‘(b) NOT A SAFE HARBOR.—This section does not 

16 relieve any person from any obligation or requirement 

17 under this subtitle. 

18 ‘‘(c) STATE AUTHORITY.—Nothing in this section ap19 plies to any underground storage tank that is located in 

20 an area under the jurisdiction of a State, or that is subject 

21 to regulation by a State, as of the date of enactment of 

22 this section.’’. 
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1 SEC. 9. STATE AUTHORITY. 

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

3 6991 et seq.) (as amended by section 8) is amended by 

4 adding at the end the following: 

5 ‘‘SEC. 9013. STATE AUTHORITY. 

6 ‘‘Nothing in this subtitle precludes a State from es7 tablishing any requirement that is more stringent than a 

8 requirement under this subtitle.’’. 

9 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

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

11 6991 et seq.) (as amended by section 9) is amended by 

12 adding at the end the following: 

13 ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There are authorized to be appropriated to the Ad15 ministrator—

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

17 9003(h), 9005(a), and 9011) $25,000,000 for each 

18 of fiscal years 2004 through 2008; and 

19 ‘‘(2) from the Trust Fund, notwithstanding sec20 tion 9508(c)(1) of the Internal Revenue Code of 

21 1986—

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

23 section 9003(h)(12)) $150,000,000 for each of 

24 fiscal years 2004 through 2008; 
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1 ‘‘(B) to carry out section 9003(h)(12), 

2 $125,000,000 for each of fiscal years 2004 

3 through 2008; 

4 ‘‘(C) to carry out section 9005(a)—

5 ‘‘(i) $35,000,000 for each of fiscal 

6 years 2004 and 2005; and 

7 ‘‘(ii) $20,000,000 for each of fiscal 

8 years 2006 through 2009; and 

9 ‘‘(D) to carry out section 9011—

10 ‘‘(i) $50,000,000 for fiscal year 2004; 

11 and 

12 ‘‘(ii) $30,000,000 for each of fiscal 

13 years 2005 through 2009.’’. 

14 SEC. 11. CONFORMING AMENDMENTS. 

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

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

17 (1) by striking ‘‘For the purposes of this sub18 title—’’ and inserting ‘‘In this subtitle:’’; 

19 (2) by redesignating paragraphs (1), (2), (3), 

20 (4), (5), (6), (7), and (8) as paragraphs (10), (7), 

21 (4), (3), (8), (5), (2), and (6), respectively, and reor22 dering the paragraphs so as to appear in numerical 

23 order; 

24 (3) by inserting before paragraph (2) (as redes25 ignated by paragraph (2)) the following: 
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1 ‘‘(1) INDIAN TRIBE.—

2 ‘‘(A) IN GENERAL.—The term ‘Indian 

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

4 other organized group or community that is rec5 ognized as being eligible for special programs 

6 and services provided by the United States to 

7 Indians because of their status as Indians. 

8 ‘‘(B) INCLUSIONS.—The term ‘Indian 

9 tribe’ includes an Alaska Native village, as de10 fined in or established under the Alaska Native 

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

12 seq.).’’; and 

13 (4) by inserting after paragraph (8) (as redesig14 nated by paragraph (2)) the following: 

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

16 means the Leaking Underground Storage Tank 

17 Trust Fund established by section 9508 of the Inter18 nal Revenue Code of 1986.’’. 

19 (b) CONFORMING AMENDMENTS.—

20 (1) Section 1001 of the Solid Waste Disposal 

21 Act (42 U.S.C. prec. 6901) is amended in the table 

22 of contents—

23 (A) in the item relating to section 9002, by 

24 inserting ‘‘and public records’’ after ‘‘Notifica25 tion’’; and 
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1 (B) by striking the item relating to section 

2 9010 and inserting the following:

‘‘Sec. 9010. Operator training. 

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

‘‘Sec. 9012. Tanks under the jurisdiction of Indian tribes. 

‘‘Sec. 9013. State authority. 

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

3 (2) Section 9002 of the Solid Waste Disposal 

4 Act (42 U.S.C. 6991a) is amended in the section 

5 heading by inserting ‘‘AND PUBLIC RECORDS’’ after 

6 ‘‘NOTIFICATION’’. 

7 (3) Section 9003(f) of the Solid Waste Disposal 

8 Act (42 U.S.C. 6991b(f)) is amended—

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

10 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

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

12 ‘‘9001(2)(A)’’ each place it appears and insert13 ing ‘‘9001(7)(A)’’. 

14 (4) Section 9003(h) of the Solid Waste Dis15 posal Act (42 U.S.C. 6991b(h)) is amended in para16 graphs (1), (2)(C), (7)(A), and (11) by striking 

17 ‘‘Leaking Underground Storage Tank Trust Fund’’ 

18 each place it appears and inserting ‘‘Trust Fund’’. 

19 (5) Section 9009 of the Solid Waste Disposal 

20 Act (42 U.S.C. 6991h) is amended—

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

22 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 
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1 (B) in subsection (d), by striking ‘‘section 

2 9001(1) (A) and (B)’’ and inserting ‘‘subpara3 graphs (A) and (B) of section 9001(10)’’. 

4 SEC. 12. TECHNICAL AMENDMENTS. 

5 (a) Section 9001(4)(A) of the Solid Waste Disposal 

6 Act (42 U.S.C. 6991(4)(A)) (as amended by section 

7 11(a)(2)) is amended by striking ‘‘sustances’’ and insert8 ing ‘‘substances’’. 

9 (b) Section 9003(f)(1) of the Solid Waste Disposal 

10 Act (42 U.S.C. 6991b(f)(1)) is amended by striking ‘‘sub11 section (c) and (d) of this section’’ and inserting ‘‘sub12 sections (c) and (d)’’. 

13 (c) Section 9004(a) of the Solid Waste Disposal Act 

14 (42 U.S.C. 6991c(a)) is amended by striking ‘‘in 9001(2) 

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

16 or (B) of section 9001(7)’’. 

17 (d) Section 9005 of the Solid Waste Disposal Act (42 

18 U.S.C. 6991d) (as amended by section 3) is amended—

19 (1) in subsection (b), by striking ‘‘study tak20 ing’’ and inserting ‘‘study, taking’’; 

21 (2) in subsection (c)(1), by striking ‘‘relevent’’ 

22 and inserting ‘‘relevant’’; and 

23 (3) in subsection (c)(4), by striking 

24 ‘‘Evironmental’’ and inserting ‘‘Environmental’’.
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Underground Storage 

3 Tank Compliance Act of 2003’’. 

4 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 

5 Section 9004 of the Solid Waste Disposal Act (42 

6 U.S.C. 6991c) is amended by adding at the end the fol7 lowing: 

8 ‘‘(f) TRUST FUND DISTRIBUTION.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) AMOUNT AND PERMITTED USES OF

11 DISTRIBUTION.—The Administrator shall dis12 tribute to States not less than 80 percent of the 

13 funds from the Trust Fund that are made avail14 able to the Administrator under section 

15 9014(2)(A) for each fiscal year for use in paying 

16 the reasonable costs, incurred under a coopera17 tive agreement with any State, of—

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

19 section 9003(h)(7)(A); 

20 ‘‘(ii) necessary administrative ex21 penses, as determined by the Administrator, 

22 that are directly related to corrective action 

23 and compensation programs under sub24 section (c)(1); 

25 ‘‘(iii) any corrective action and com26 pensation program carried out under sub-
27

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1 section (c)(1) for a release from an under2 ground storage tank regulated under this 

3 subtitle to the extent that, as determined by 

4 the State in accordance with guidelines de5 veloped jointly by the Administrator and 

6 the State, the financial resources of the 

7 owner or operator of the underground stor8 age tank (including resources provided by a 

9 program in accordance with subsection 

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

11 a corrective action without significantly im12 pairing the ability of the owner or operator 

13 to continue in business; 

14 ‘‘(iv) enforcement by the State or a 

15 local government of State or local regula16 tions pertaining to underground storage 

17 tanks regulated under this subtitle; or 

18 ‘‘(v) State or local corrective actions 

19 carried out under regulations promulgated 

20 under section 9003(c)(4). 

21 ‘‘(B) USE OF FUNDS FOR ENFORCEMENT.—

22 In addition to the uses of funds authorized under 

23 subparagraph (A), the Administrator may use 

24 funds from the Trust Fund that are not distrib25 uted to States under subparagraph (A) for en-
28

•S 195 RS 

1 forcement of any regulation promulgated by the 

2 Administrator under this subtitle. 

3 ‘‘(C) PROHIBITED USES.—Except as pro4 vided in subparagraph (A)(iii), under any simi5 lar requirement of a State program approved 

6 under this section, or in any similar State or 

7 local provision as determined by the Adminis8 trator, funds provided to a State by the Admin9 istrator under subparagraph (A) shall not be 

10 used by the State to provide financial assistance 

11 to an owner or operator to meet any requirement 

12 relating to underground storage tanks under 

13 part 280 of title 40, Code of Federal Regulations 

14 (as in effect on the date of enactment of this sub15 section). 

16 ‘‘(2) ALLOCATION.—

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

18 (B), in the case of a State with which the Ad19 ministrator has entered into a cooperative agree20 ment under section 9003(h)(7)(A), the Adminis21 trator shall distribute funds from the Trust Fund 

22 to the State using the allocation process devel23 oped by the Administrator. 

24 ‘‘(B) REVISIONS TO PROCESS.—The Admin25 istrator may revise the allocation process referred 
29

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1 to in subparagraph (A) with respect to a State 

2 only after—

3 ‘‘(i) consulting with—

4 ‘‘(I) State agencies responsible for 

5 overseeing corrective action for releases 

6 from underground storage tanks; 

7 ‘‘(II) owners; and 

8 ‘‘(III) operators; and 

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

10 minimum—

11 ‘‘(I) the total tax revenue contrib12 uted to the Trust Fund from all 

13 sources within the State; 

14 ‘‘(II) the number of confirmed re15 leases from federally regulated under16 ground storage tanks in the State; 

17 ‘‘(III) the number of federally reg18 ulated underground storage tanks in 

19 the State; 

20 ‘‘(IV) the percentage of the popu21 lation of the State that uses ground22 water for any beneficial purpose; 

23 ‘‘(V) the performance of the State 

24 in implementing and enforcing the 

25 program; 
30

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1 ‘‘(VI) the financial needs of the 

2 State; and 

3 ‘‘(VII) the ability of the State to 

4 use the funds referred to in subpara5 graph (A) in any year. 

6 ‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.—Dis7 tributions from the Trust Fund under this subsection 

8 shall be made directly to a State agency that—

9 ‘‘(A) enters into a cooperative agreement re10 ferred to in paragraph (2)(A); or 

11 ‘‘(B) is enforcing a State program approved 

12 under this section. 

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

14 from the Trust Fund provided by States to owners or 

15 operators under paragraph (1)(A)(iii) shall not be 

16 subject to cost recovery by the Administrator under 

17 section 9003(h)(6).’’. 

18 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

19 Section 9005 of the Solid Waste Disposal Act (42 

20 U.S.C. 6991d) is amended—

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

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

23 (2) by inserting before subsection (b) (as redesig24 nated by paragraph (1)) the following:
31

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

2 years after the date of enactment of the Underground Stor3 age Tank Compliance Act of 2003, and at least once every 

4 2 years thereafter, the Administrator or a State with a pro5 gram approved under section 9004, as appropriate, shall 

6 require that all underground storage tanks regulated under 

7 this subtitle undergo onsite inspections for compliance with 

8 regulations promulgated under section 9003(c).’’. 

9 SEC. 4. OPERATOR TRAINING. 

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

11 6991 et seq.) is amended by striking section 9010 and in12 serting the following: 

13 ‘‘SEC. 9010. OPERATOR TRAINING. 

14 ‘‘(a) GUIDELINES.—

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

16 the date of enactment of the Underground Storage 

17 Tank Compliance Act of 2003, in cooperation with 

18 States, owners, and operators, the Administrator shall 

19 publish in the Federal Register, after public notice 

20 and opportunity for comment, guidelines that specify 

21 methods for training operators of underground storage 

22 tanks. 

23 ‘‘(2) CONSIDERATIONS.—The guidelines described 

24 in paragraph (1) shall take into account—
32

•S 195 RS 

1 ‘‘(A) State training programs in existence 

2 as of the date of publication of the guidelines; 

3 ‘‘(B) training programs that are being em4 ployed by owners and operators as of the date of 

5 enactment of this paragraph; 

6 ‘‘(C) the high turnover rate of operators; 

7 ‘‘(D) the frequency of improvement in un8 derground storage tank equipment technology; 

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

10 the operators are engaged; and 

11 ‘‘(F) such other factors as the Administrator 

12 determines to be necessary to carry out this sec13 tion. 

14 ‘‘(b) STATE PROGRAMS.—

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

16 the date on which the Administrator publishes the 

17 guidelines under subsection (a)(1), each State shall 

18 develop and implement a strategy for the training of 

19 operators of underground storage tanks that is con20 sistent with paragraph (2). 

21 ‘‘(2) REQUIREMENTS.—A State strategy de22 scribed in paragraph (1) shall—

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

24 ‘‘(B) be developed in cooperation with own25 ers and operators; and 
33

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1 ‘‘(C) take into consideration training pro2 grams implemented by owners and operators as 

3 of the date of enactment of this subsection. 

4 ‘‘(3) FINANCIAL INCENTIVE.—The Administrator 

5 may award to a State that develops and implements 

6 a strategy described in paragraph (1), in addition to 

7 any funds that the State is entitled to receive under 

8 this subtitle, not more than $50,000, to be used to 

9 carry out the strategy.’’. 

10 SEC. 5. REMEDIATION OF MTBE CONTAMINATION. 

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

12 U.S.C. 6991b(h)) is amended—

13 (1) in paragraph (7)(A)—

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

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

16 (2), and (12)’’; and 

17 (B) by striking ‘‘, and including the au18 thorities of paragraphs (4), (6), and (8) of this 

19 subsection’’ and inserting ‘‘and the authority 

20 under sections 9005(a) and 9011 and para21 graphs (4), (6), and (8),’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(12) REMEDIATION OF MTBE CONTAMINA24 TION.—
34

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1 ‘‘(A) IN GENERAL.—The Administrator and 

2 the States may use funds made available under 

3 section 9014(2)(B) to carry out corrective actions 

4 with respect to a release of methyl tertiary butyl 

5 ether that presents a threat to human health or 

6 welfare or the environment. 

7 ‘‘(B) APPLICABLE AUTHORITY.—The Ad8 ministrator or a State shall carry out subpara9 graph (A)—

10 ‘‘(i) in accordance with paragraph (2), 

11 except that a release with respect to which 

12 a corrective action is carried out under sub13 paragraph (A) shall not be required to be 

14 from an underground storage tank; and 

15 ‘‘(ii) in the case of a State, in accord16 ance with a cooperative agreement entered 

17 into by the Administrator and the State 

18 under paragraph (7).’’. 

19 SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND EN20 FORCEMENT. 

21 (a) RELEASE PREVENTION AND COMPLIANCE.—Sub22 title I of the Solid Waste Disposal Act (42 U.S.C. 6991 et 

23 seq.) (as amended by section 4) is amended by adding at 

24 the end the following: 
35

•S 195 RS 

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

2 COMPLIANCE. 

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

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

5 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, under this subtitle 

11 (including under a State program approved under 

12 section 9004).’’. 

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

14 Solid Waste Disposal Act (42 U.S.C. 6991b) is amended 

15 by adding at the end the following: 

16 ‘‘(i) GOVERNMENT-OWNED TANKS.—

17 ‘‘(1) IMPLEMENTATION REPORT.—

18 ‘‘(A) IN GENERAL.—Not later than 2 years 

19 after the date of enactment of this subsection, 

20 each State shall submit to the Administrator an 

21 implementation report that—

22 ‘‘(i) lists each underground storage 

23 tank described in subparagraph (B) in the 

24 State that, as of the date of submission of 

25 the report, is not in compliance with this 

26 subtitle; and
36

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1 ‘‘(ii) describes the actions that have 

2 been and will be taken to ensure compliance 

3 by the underground storage tank listed 

4 under clause (i) with this subtitle. 

5 ‘‘(B) UNDERGROUND STORAGE TANK.—An 

6 underground storage tank described in this sub7 paragraph is an underground storage tank that 

8 is—

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

10 ‘‘(ii) owned or operated by the State 

11 government or any local government. 

12 ‘‘(C) PUBLIC AVAILABILITY.—The Adminis13 trator shall make each report received under sub14 paragraph (A) available to the public on the 

15 Internet. 

16 ‘‘(2) FINANCIAL INCENTIVE.—The Administrator 

17 may award to a State that develops an implementa18 tion report described in paragraph (1), in addition to 

19 any funds that the State is entitled to receive under 

20 this subtitle, not more than $50,000, to be used to 

21 carry out the implementation report. 

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

23 not relieve any person from any obligation or require24 ment under this subtitle.’’. 
37

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1 (c) INCENTIVES FOR PERFORMANCE.—Section 9006 of 

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

3 by adding at the end the following: 

4 ‘‘(e) INCENTIVES FOR PERFORMANCE.—In deter5 mining the terms of a compliance order under subsection 

6 (a), or the amount of a civil penalty under subsection (d), 

7 the Administrator, or a State under a program approved 

8 under section 9004, may take into consideration whether 

9 an owner or operator—

10 ‘‘(1) has a history of operating underground 

11 storage tanks of the owner or operator in accordance 

12 with—

13 ‘‘(A) this subtitle; or 

14 ‘‘(B) a State program approved under sec15 tion 9004; 

16 ‘‘(2) has repeatedly violated—

17 ‘‘(A) this subtitle; or 

18 ‘‘(B) a State program approved under sec19 tion 9004; or 

20 ‘‘(3) has implemented a program, consistent with 

21 guidelines published under section 9010, that provides 

22 training to persons responsible for operating any un23 derground storage tank of the owner or operator.’’. 

24 (d) AUTHORITY TO PROHIBIT CERTAIN DELIV25 ERIES.—Section 9006 of the Solid Waste Disposal Act (42 
38

•S 195 RS 

1 U.S.C. 6991e) (as amended by subsection (c)) is amended 

2 by adding at the end the following: 

3 ‘‘(f) AUTHORITY TO PROHIBIT CERTAIN DELIV4 ERIES.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), be6 ginning 180 days after the date of enactment of this 

7 subsection, the Administrator or a State may prohibit 

8 the delivery of regulated substances to underground 

9 storage tanks that are not in compliance with—

10 ‘‘(A) a requirement or standard promul11 gated by the Administrator under section 9003; 

12 or 

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

14 program approved under section 9004. 

15 ‘‘(2) LIMITATIONS.—

16 ‘‘(A) SPECIFIED GEOGRAPHIC AREAS.—Sub17 ject to subparagraph (B), under paragraph (1), 

18 the Administrator or a State shall not prohibit 

19 a delivery if the prohibition would jeopardize the 

20 availability of, or access to, fuel in any specified 

21 geographic area. 

22 ‘‘(B) APPLICABILITY OF LIMITATION.—The 

23 limitation under subparagraph (A) shall apply 

24 only during the 180-day period following the 

25 date of a determination by the Administrator 
39

•S 195 RS 

1 that exercising the authority of paragraph (1) is 

2 limited by subparagraph (A). 

3 ‘‘(C) GUIDELINES.—Not later than 18 

4 months after the date of enactment of this sub5 section, the Administrator shall issue guidelines 

6 that define the term ‘specified geographic area’ 

7 for the purpose of subparagraph (A). 

8 ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—Sub9 ject to paragraph (2)(C), the Administrator, after 

10 consultation with States, may issue guidelines for 

11 carrying out this subsection. 

12 ‘‘(4) ENFORCEMENT, COMPLIANCE, AND PEN13 ALTIES.—The Administrator may use the authority 

14 under the enforcement, compliance, or penalty provi15 sions of this subtitle to carry out this subsection. 

16 ‘‘(5) EFFECT ON STATE AUTHORITY.—Nothing in 

17 this subsection affects the authority of a State to pro18 hibit the delivery of a regulated substance to an un19 derground storage tank.’’. 

20 (e) PUBLIC RECORD.—Section 9002 of the Solid Waste 

21 Disposal Act (42 U.S.C. 6991a) is amended by adding at 

22 the end the following: 

23 ‘‘(d) PUBLIC RECORD.—

24 ‘‘(1) IN GENERAL.—The Administrator shall re25 quire each State and Indian tribe that receives Fed-
40

•S 195 RS 

1 eral funds to carry out this subtitle to maintain, up2 date at least annually, and make available to the 

3 public, in such manner and form as the Adminis4 trator shall prescribe (after consultation with States 

5 and Indian tribes), a record of underground storage 

6 tanks regulated under this subtitle. 

7 ‘‘(2) CONSIDERATIONS.—To the maximum extent 

8 practicable, the public record of a State or Indian 

9 tribe, respectively, shall include, for each year—

10 ‘‘(A) the number, sources, and causes of un11 derground storage tank releases in the State or 

12 tribal area; 

13 ‘‘(B) the record of compliance by under14 ground storage tanks in the State or tribal area 

15 with—

16 ‘‘(i) this subtitle; or 

17 ‘‘(ii) an applicable State program ap18 proved under section 9004; and 

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

20 storage tank equipment failures in the State or 

21 tribal area. 

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

23 make the public record of each State and Indian tribe 

24 under this section available to the public electroni25 cally.’’.
41

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1 SEC. 7. FEDERAL FACILITIES. 

2 Section 9007 of the Solid Waste Disposal Act (42 

3 U.S.C. 6991f) is amended—

4 (1) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) APPLICABILITY OF SUBTITLE.—

7 ‘‘(1) IN GENERAL.—Section 6001(a) shall apply 

8 to each department, agency, and instrumentality in 

9 the executive, legislative, or judicial branch of the 

10 Federal Government having jurisdiction over—

11 ‘‘(A) any underground storage tank or un12 derground storage tank system (as defined in sec13 tion 280.12 of title 40, Code of Federal Regula14 tions (or any successor regulation)); or 

15 ‘‘(B) any release response activity relating 

16 to an underground storage tank or underground 

17 storage tank system. 

18 ‘‘(2) REQUIREMENTS.—For purposes of this sec19 tion, requirements respecting the control and abate20 ment of solid waste or hazardous waste disposal and 

21 management referred to in section 6001(a) include re22 quirements respecting—

23 ‘‘(A) control, installation, operation, man24 agement, or closure of any underground storage 

25 tank or underground storage tank system con26 taining any regulated substance; and 
42

•S 195 RS 

1 ‘‘(B) release response activities relating to 

2 an activity described in subparagraph (A).’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) REVIEW OF, AND REPORT ON, FEDERAL UNDER5 GROUND STORAGE TANKS.—

6 ‘‘(1) REVIEW.—Not later than 1 year after the 

7 date of enactment of this subsection, the Adminis8 trator, in cooperation with each Federal agency that 

9 owns or operates 1 or more underground storage 

10 tanks or that manages land on which 1 or more un11 derground storage tanks are located, shall review the 

12 status of compliance of those underground storage 

13 tanks with this subtitle. 

14 ‘‘(2) IMPLEMENTATION REPORT.—

15 ‘‘(A) IN GENERAL.—Not later than 2 years 

16 after the date of enactment of this subsection, 

17 each Federal agency described in paragraph (1) 

18 shall submit to the Administrator and to each 

19 State in which an underground storage tank de20 scribed in paragraph (1) is located an imple21 mentation report that—

22 ‘‘(i) lists each underground storage 

23 tank described in paragraph (1) that, as of 

24 the date of submission of the report, is not 

25 in compliance with this subtitle; and 
43

•S 195 RS 

1 ‘‘(ii) describes the actions that have 

2 been and will be taken to ensure compliance 

3 by the underground storage tank with this 

4 subtitle. 

5 ‘‘(B) PUBLIC AVAILABILITY.—The Adminis6 trator shall make each report received under sub7 paragraph (A) available to the public on the 

8 Internet. 

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

10 not relieve any person from any obligation or require11 ment under this subtitle.’’. 

12 SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN 

13 TRIBES. 

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

15 6991 et seq.) (as amended by section 6(a)) is amended by 

16 adding at the end the following: 

17 ‘‘SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN 

18 TRIBES. 

19 ‘‘(a) IN GENERAL.—The Administrator, in coordina20 tion with Indian tribes, shall—

21 ‘‘(1) not later than 1 year after the date of enact22 ment of this section, develop and implement a strat23 egy—

24 ‘‘(A) giving priority to releases that present 

25 the greatest threat to human health or the envi-
44

•S 195 RS 

1 ronment, to take necessary corrective action in 

2 response to releases from leaking underground 

3 storage tanks located wholly within the bound4 aries of—

5 ‘‘(i) an Indian reservation; or 

6 ‘‘(ii) any other area under the jurisdic7 tion of an Indian tribe; and 

8 ‘‘(B) to implement and enforce requirements 

9 concerning underground storage tanks located 

10 wholly within the boundaries of—

11 ‘‘(i) an Indian reservation; or 

12 ‘‘(ii) any other area under the jurisdic13 tion of an Indian tribe; 

14 ‘‘(2) not later than 2 years after the date of en15 actment of this section and every 2 years thereafter, 

16 submit to Congress a report that summarizes the sta17 tus of implementation and enforcement of the under18 ground storage tank program in areas located wholly 

19 within—

20 ‘‘(A) the boundaries of Indian reservations; 

21 and 

22 ‘‘(B) any other areas under the jurisdiction 

23 of an Indian tribe; and 

24 ‘‘(3) make the report described in paragraph (2) 

25 available to the public on the Internet. 
45

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1 ‘‘(b) NOT A SAFE HARBOR.—This section does not re2 lieve any person from any obligation or requirement under 

3 this subtitle. 

4 ‘‘(c) STATE AUTHORITY.—Nothing in this section ap5 plies to any underground storage tank that is located in 

6 an area under the jurisdiction of a State, or that is subject 

7 to regulation by a State, as of the date of enactment of this 

8 section.’’. 

9 SEC. 9. STATE AUTHORITY. 

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

11 6991 et seq.) (as amended by section 8) is amended by add12 ing at the end the following: 

13 ‘‘SEC. 9013. STATE AUTHORITY. 

14 ‘‘Nothing in this subtitle precludes a State from estab15 lishing any requirement that is more stringent than a re16 quirement under this subtitle.’’. 

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

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

19 6991 et seq.) (as amended by section 9) is amended by add20 ing at the end the following: 

21 ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated to the Ad23 ministrator—
46

•S 195 RS 

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

2 9003(h), 9005(a), and 9011) $25,000,000 for each of 

3 fiscal years 2004 through 2008; and 

4 ‘‘(2) from the Trust Fund, notwithstanding sec5 tion 9508(c)(1) of the Internal Revenue Code of 

6 1986—

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

8 section 9003(h)(12)) $150,000,000 for each of fis9 cal years 2004 through 2008; 

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

11 $125,000,000 for each of fiscal years 2004 

12 through 2008; 

13 ‘‘(C) to carry out section 9005(a)—

14 ‘‘(i) $35,000,000 for each of fiscal 

15 years 2004 and 2005; and 

16 ‘‘(ii) $20,000,000 for each of fiscal 

17 years 2006 through 2009; and 

18 ‘‘(D) to carry out section 9011—

19 ‘‘(i) $50,000,000 for fiscal year 2004; 

20 and 

21 ‘‘(ii) $30,000,000 for each of fiscal 

22 years 2005 through 2009.’’. 

23 SEC. 11. CONFORMING AMENDMENTS. 

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

25 Disposal Act (42 U.S.C. 6991) is amended—
47

•S 195 RS 

1 (1) by striking ‘‘For the purposes of this sub2 title—’’ and inserting ‘‘In this subtitle:’’; 

3 (2) by redesignating paragraphs (1), (2), (3), 

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

5 (3), (8), (5), (2), and (6), respectively, and reordering 

6 the paragraphs so as to appear in numerical order; 

7 (3) by inserting before paragraph (2) (as redesig8 nated by paragraph (2)) the following: 

9 ‘‘(1) INDIAN TRIBE.—

10 ‘‘(A) IN GENERAL.—The term ‘Indian tribe’ 

11 means any Indian tribe, band, nation, or other 

12 organized group or community that is recognized 

13 as being eligible for special programs and serv14 ices provided by the United States to Indians be15 cause of their status as Indians. 

16 ‘‘(B) INCLUSIONS.—The term ‘Indian tribe’ 

17 includes an Alaska Native village, as defined in 

18 or established under the Alaska Native Claims 

19 Settlement Act (43 U.S.C. 1601 et seq.).’’; and 

20 (4) by inserting after paragraph (8) (as redesig21 nated by paragraph (2)) the following: 

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

23 means the Leaking Underground Storage Tank Trust 

24 Fund established by section 9508 of the Internal Rev25 enue Code of 1986.’’. 
48

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1 (b) CONFORMING AMENDMENTS.—

2 (1) Section 1001 of the Solid Waste Disposal Act 

3 (42 U.S.C. prec. 6901) is amended in the table of con4 tents—

5 (A) in the item relating to section 9002, by 

6 inserting ‘‘and public records’’ after ‘‘Notifica7 tion’’; and 

8 (B) by striking the item relating to section 

9 9010 and inserting the following:

‘‘Sec. 9010. Operator training. 

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

‘‘Sec. 9012. Tanks under the jurisdiction of Indian tribes. 

‘‘Sec. 9013. State authority. 

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

10 (2) Section 9002 of the Solid Waste Disposal Act 

11 (42 U.S.C. 6991a) is amended in the section heading 

12 by inserting ‘‘AND PUBLIC RECORDS’’ after ‘‘NOTIFI13 CATION’’. 

14 (3) Section 9003(f) of the Solid Waste Disposal 

15 Act (42 U.S.C. 6991b(f)) is amended—

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

17 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

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

19 ‘‘9001(2)(A)’’ each place it appears and insert20 ing ‘‘9001(7)(A)’’. 

21 (4) Section 9003(h) of the Solid Waste Disposal 

22 Act (42 U.S.C. 6991b(h)) is amended in paragraphs 

23 (1), (2)(C), (7)(A), and (11) by striking ‘‘Leaking 
49

•S 195 RS 

1 Underground Storage Tank Trust Fund’’ each place 

2 it appears and inserting ‘‘Trust Fund’’. 

3 (5) Section 9009 of the Solid Waste Disposal Act 

4 (42 U.S.C. 6991h) is amended—

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

6 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

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

8 9001(1) (A) and (B)’’ and inserting ‘‘subpara9 graphs (A) and (B) of section 9001(10)’’. 

10 SEC. 12. TECHNICAL AMENDMENTS. 

11 (a) Section 9001(4)(A) of the Solid Waste Disposal Act 

12 (42 U.S.C. 6991(4)(A)) (as amended by section 11(a)(2)) 

13 is amended by striking ‘‘sustances’’ and inserting ‘‘sub14 stances’’. 

15 (b) Section 9003(f)(1) of the Solid Waste Disposal Act 

16 (42 U.S.C. 6991b(f)(1)) is amended by striking ‘‘subsection 

17 (c) and (d) of this section’’ and inserting ‘‘subsections (c) 

18 and (d)’’. 

19 (c) Section 9004(a) of the Solid Waste Disposal Act 

20 (42 U.S.C. 6991c(a)) is amended by striking ‘‘in 9001(2) 

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

22 or (B) of section 9001(7)’’. 

23 (d) Section 9005 of the Solid Waste Disposal Act (42 

24 U.S.C. 6991d) (as amended by section 3) is amended—
50

•S 195 RS 

1 (1) in subsection (b), by striking ‘‘study taking’’ 

2 and inserting ‘‘study, taking’’; 

3 (2) in subsection (c)(1), by striking ‘‘relevent’’ 

4 and inserting ‘‘relevant’’; and 

5 (3) in subsection (c)(4), by striking 

6 ‘‘Evironmental’’ and inserting ‘‘Environmental’’.

Calendar No. 25

108TH CONGRESS 

1ST SESSION S. 195

[Report No. 108–13] 

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. 

MARCH 5, 2003

Reported with an amendment