108TH CONGRESS

1ST SESSION S. 195

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’’.
 †

2

S 195 ES

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
 †

3

S 195 ES

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.
 †

4

S 195 ES

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—
 †

5

S 195 ES

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;
 †

6

S 195 ES

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:
 †

7

S 195 ES

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—
 †

8

S 195 ES

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
 †

9

S 195 ES

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.—
 †

10

S 195 ES

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:
 †

11

S 195 ES

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
 †

12

S 195 ES

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.’’.
 †

13

S 195 ES

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.’’.
 †

14

S 195 ES

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.
 †

15

S 195 ES

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.’’.
 †

16

S 195 ES

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
 †

17

S 195 ES

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.
 †

18

S 195 ES

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.—
 †

19

S 195 ES

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.’’.
 †

20

S 195 ES

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
 †

21

S 195 ES

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.’’.
 †

22

S 195 ES

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

15 Administrator—

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;
 †

23

S 195 ES

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:
 †

24

S 195 ES

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
 †

25

S 195 ES

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
 †

26

S 195 ES

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 ES

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

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

Passed the Senate May 1, 2003.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION S. 195

AN ACT

To amend the Solid Waste Disposal Act to bring

underground storage tanks into compliance withsubtitle 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.