I 

108TH CONGRESS 

1ST SESSION S. 195

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2003

Referred to the Committee on Energy and Commerce 

AN ACT

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 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 correc20 tive action and compensation programs 

21 under subsection (c)(1); 

22 ‘‘(iii) any corrective action and com23 pensation program carried out under sub24 section (c)(1) for a release from an under25 ground storage tank regulated under this 

26 subtitle to the extent that, as determined 
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1 by the State in accordance with guidelines 

2 developed jointly by the Administrator and 

3 the State, the financial resources of the 

4 owner or operator of the underground stor5 age tank (including resources provided by 

6 a program in accordance with subsection 

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

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

10 to continue in business; 

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

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

14 tanks regulated under this subtitle; or 

15 ‘‘(v) State or local corrective actions 

16 carried out under regulations promulgated 

17 under section 9003(c)(4). 

18 ‘‘(B) USE OF FUNDS FOR ENFORCE19 MENT.—In addition to the uses of funds au20 thorized under subparagraph (A), the Adminis21 trator may use funds from the Trust Fund that 

22 are not distributed to States under subpara23 graph (A) for enforcement of any regulation 

24 promulgated by the Administrator under this 

25 subtitle. 
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1 ‘‘(C) PROHIBITED USES.—Except as pro2 vided in subparagraph (A)(iii), under any simi3 lar requirement of a State program approved 

4 under this section, or in any similar State or 

5 local provision as determined by the Adminis6 trator, funds provided to a State by the Admin7 istrator under subparagraph (A) shall not be 

8 used by the State to provide financial assistance 

9 to an owner or operator to meet any require10 ment relating to underground storage tanks 

11 under part 280 of title 40, Code of Federal 

12 Regulations (as in effect on the date of enact13 ment of this subsection). 

14 ‘‘(2) ALLOCATION.—

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

16 (B), in the case of a State with which the Ad17 ministrator has entered into a cooperative 

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

19 Administrator shall distribute funds from the 

20 Trust Fund to the State using the allocation 

21 process developed by the Administrator. 

22 ‘‘(B) REVISIONS TO PROCESS.—The Ad23 ministrator may revise the allocation process re24 ferred to in subparagraph (A) with respect to a 

25 State only after—
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1 ‘‘(i) consulting with—

2 ‘‘(I) State agencies responsible 

3 for overseeing corrective action for re4 leases from underground storage 

5 tanks; 

6 ‘‘(II) owners; and 

7 ‘‘(III) operators; and 

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

9 minimum—

10 ‘‘(I) the total tax revenue con11 tributed to the Trust Fund from all 

12 sources within the State; 

13 ‘‘(II) the number of confirmed 

14 releases from federally regulated un15 derground storage tanks in the State; 

16 ‘‘(III) the number of federally 

17 regulated underground storage tanks 

18 in the State; 

19 ‘‘(IV) the percentage of the popu20 lation of the State that uses ground21 water for any beneficial purpose; 

22 ‘‘(V) the performance of the 

23 State in implementing and enforcing 

24 the program; 
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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.—

7 Distributions from the Trust Fund under this sub8 section shall be made directly to a State agency 

9 that—

10 ‘‘(A) enters into a cooperative agreement 

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

12 ‘‘(B) is enforcing a State program ap13 proved under this section. 

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

15 from the Trust Fund provided by States to owners 

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

17 subject to cost recovery by the Administrator under 

18 section 9003(h)(6).’’. 

19 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

20 Section 9005 of the Solid Waste Disposal Act (42 

21 U.S.C. 6991d) is amended—

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

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

24 (2) by inserting before subsection (b) (as redes25 ignated by paragraph (1)) the following: 
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1 ‘‘(a) INSPECTION REQUIREMENTS.—Not later than 2 

2 years after the date of enactment of the Underground 

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

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

5 a program approved under section 9004, as appropriate, 

6 shall require that all underground storage tanks regulated 

7 under this subtitle undergo onsite inspections for compli8 ance with regulations promulgated under section 

9 9003(c).’’. 

10 SEC. 4. OPERATOR TRAINING. 

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

12 6991 et seq.) is amended by striking section 9010 and 

13 inserting the following: 

14 ‘‘SEC. 9010. OPERATOR TRAINING. 

15 ‘‘(a) GUIDELINES.—

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

17 after the date of enactment of the Underground 

18 Storage Tank Compliance Act of 2003, in coopera19 tion with States, owners, and operators, the Admin20 istrator shall publish in the Federal Register, after 

21 public notice and opportunity for comment, guide22 lines that specify methods for training operators of 

23 underground storage tanks. 

24 ‘‘(2) CONSIDERATIONS.—The guidelines de25 scribed in paragraph (1) shall take into account—
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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 

5 of 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 Adminis12 trator determines to be necessary to carry out 

13 this section. 

14 ‘‘(b) STATE PROGRAMS.—

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

16 after the date on which the Administrator publishes 

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

18 shall develop and implement a strategy for the train19 ing of operators of underground storage tanks that 

20 is consistent 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 
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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 Adminis5 trator may award to a State that develops and im6 plements a strategy described in paragraph (1), in 

7 addition to any funds that the State is entitled to 

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

9 to be used to 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.—
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1 ‘‘(A) IN GENERAL.—The Administrator 

2 and the States may use funds made available 

3 under section 9014(2)(B) to carry out correc4 tive actions with respect to a release of methyl 

5 tertiary butyl ether that presents a threat to 

6 human health or 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 

13 subparagraph (A) shall not be required to 

14 be 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 

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

24 at the end the following: 
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1 ‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 

2 COMPLIANCE. 

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

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

5 issue orders, or bring actions under this subtitle—

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

7 cooperative agreement with the Administrator, of 

8 State regulations pertaining to underground storage 

9 tanks regulated under this subtitle; and 

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

11 (including under a State program approved under 

12 section 9004).’’. 

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

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

16 ‘‘(i) GOVERNMENT-OWNED TANKS.—

17 ‘‘(1) 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 
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1 ‘‘(ii) describes the actions that have 

2 been and will be taken to ensure compli3 ance by the underground storage tank list4 ed 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 Admin13 istrator shall make each report received under 

14 subparagraph (A) available to the public on the 

15 Internet. 

16 ‘‘(2) FINANCIAL INCENTIVE.—The Adminis17 trator may award to a State that develops an imple18 mentation report described in paragraph (1), in ad19 dition to any funds that the State is entitled to re20 ceive under this subtitle, not more than $50,000, to 

21 be used to carry out the implementation report. 

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

23 does not relieve any person from any obligation or 

24 requirement under this subtitle.’’. 
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1 (c) INCENTIVES FOR PERFORMANCE.—Section 9006 

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

3 amended by adding at the end the following: 

4 ‘‘(e) 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 

21 with guidelines published under section 9010, that 

22 provides training to persons responsible for oper23 ating any underground storage tank of the owner or 

24 operator.’’. 
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1 (d) AUTHORITY TO PROHIBIT CERTAIN DELIV2 ERIES.—Section 9006 of the Solid Waste Disposal Act (42 

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

4 by adding at the end the following: 

5 ‘‘(f) AUTHORITY TO PROHIBIT CERTAIN DELIV6 ERIES.—

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

8 beginning 180 days after the date of enactment of 

9 this subsection, the Administrator or a State may 

10 prohibit the delivery of regulated substances to un11 derground storage tanks that are not in compliance 

12 with—

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

15 or 

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

17 program approved under section 9004. 

18 ‘‘(2) LIMITATIONS.—

19 ‘‘(A) SPECIFIED GEOGRAPHIC AREAS.—

20 Subject to subparagraph (B), under paragraph 

21 (1), the Administrator or a State shall not pro22 hibit a delivery if the prohibition would jeop23 ardize the availability of, or access to, fuel in 

24 any specified geographic area. 
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1 ‘‘(B) APPLICABILITY OF LIMITATION.—

2 The limitation under subparagraph (A) shall 

3 apply only during the 180-day period following 

4 the date of a determination by the Adminis5 trator that exercising the authority of para6 graph (1) is limited by subparagraph (A). 

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

8 months after the date of enactment of this sub9 section, the Administrator shall issue guidelines 

10 that define the term ‘specified geographic area’ 

11 for the purpose of subparagraph (A). 

12 ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—Sub13 ject to paragraph (2)(C), the Administrator, after 

14 consultation with States, may issue guidelines for 

15 carrying out this subsection. 

16 ‘‘(4) ENFORCEMENT, COMPLIANCE, AND PEN17 ALTIES.—The Administrator may use the authority 

18 under the enforcement, compliance, or penalty provi19 sions of this subtitle to carry out this subsection. 

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

21 in this subsection affects the authority of a State to 

22 prohibit the delivery of a regulated substance to an 

23 underground storage tank.’’. 
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1 (e) PUBLIC RECORD.—Section 9002 of the Solid 

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

4 ‘‘(d) PUBLIC RECORD.—

5 ‘‘(1) IN GENERAL.—The Administrator shall re6 quire each State and Indian tribe that receives Fed7 eral funds to carry out this subtitle to maintain, up8 date at least annually, and make available to the 

9 public, in such manner and form as the Adminis10 trator shall prescribe (after consultation with States 

11 and Indian tribes), a record of underground storage 

12 tanks regulated under this subtitle. 

13 ‘‘(2) CONSIDERATIONS.—To the maximum ex14 tent practicable, the public record of a State or In15 dian tribe, respectively, shall include, for each 

16 year—

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

18 underground storage tank releases in the State 

19 or tribal area; 

20 ‘‘(B) the record of compliance by under21 ground storage tanks in the State or tribal area 

22 with—

23 ‘‘(i) this subtitle; or 

24 ‘‘(ii) an applicable State program ap25 proved under section 9004; and 
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1 ‘‘(C) data on the number of underground 

2 storage tank equipment failures in the State or 

3 tribal area. 

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

5 make the public record of each State and Indian 

6 tribe under this section available to the public elec7 tronically.’’. 

8 SEC. 7. FEDERAL FACILITIES. 

9 Section 9007 of the Solid Waste Disposal Act (42 

10 U.S.C. 6991f) is amended—

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

12 following: 

13 ‘‘(a) APPLICABILITY OF SUBTITLE.—

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

15 to each department, agency, and instrumentality in 

16 the executive, legislative, or judicial branch of the 

17 Federal Government having jurisdiction over—

18 ‘‘(A) any underground storage tank or un19 derground storage tank system (as defined in 

20 section 280.12 of title 40, Code of Federal Reg21 ulations (or any successor regulation)); or 

22 ‘‘(B) any release response activity relating 

23 to an underground storage tank or underground 

24 storage tank system. 
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1 ‘‘(2) REQUIREMENTS.—For purposes of this 

2 section, requirements respecting the control and 

3 abatement of solid waste or hazardous waste dis4 posal and management referred to in section 

5 6001(a) include requirements respecting—

6 ‘‘(A) control, installation, operation, man7 agement, or closure of any underground storage 

8 tank or underground storage tank system con9 taining any regulated substance; and 

10 ‘‘(B) release response activities relating to 

11 an activity described in subparagraph (A).’’; 

12 and 

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

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.’’. 
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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 
27

S 195 RFH 

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

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

Passed the Senate May 1, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.