‘‘(C) PROHIBITED USES.—Except as pro-
vided in subparagraph (A)(iii), under any simi-
lar requirement of a State program approved 
under this section, or in any similar State or 
local provision as determined by the Adminis-
trator, funds provided to a State by the Admin-
istrator under subparagraph (A) shall not be 
used by the State to provide financial assistance 
to an owner or operator to meet any require-
ment relating to underground storage tanks 
under part 280 of title 40, Code of Federal 
Regulations (as in effect on the date of enact-
ment of this subsection). 
‘‘(2) ALLOCATION.—
‘‘(A) PROCESS.—Subject to subparagraph 
(B), in the case of a State with which the Ad-
ministrator has entered into a cooperative 
agreement under section 9003(h)(7)(A), the 
Administrator shall distribute funds from the 
Trust Fund to the State using the allocation 
process developed by the Administrator. 
‘‘(B) DIVERSION OF STATE FUNDS.—
‘‘(i) IN GENERAL.—The Administrator 
shall not distribute funds under subsection 
(a)(3) to any State that has diverted funds
from the State’s State fund or State assur-
ance program, with the exception of those 
transfers that had been completed earlier 
than the date of enactment of this sub-
section. 
‘‘(ii) USE
OF
WITHHELD
FUNDS.—
The Administrator shall allocate funds 
withheld under clause (i) to other States in 
accordance with the allocation process de-
veloped by the Administrator. 
‘‘(C) REVISIONS
TO
PROCESS.—The Ad-
ministrator may revise the allocation process re-
ferred to in subparagraph (A) with respect to a 
State only after—
‘‘(i) consulting with State agencies re-
sponsible for overseeing corrective action 
for releases from underground storage 
tanks; and 
‘‘(ii) taking into consideration, at a 
minimum, each of the following: 
‘‘(I) The total tax revenue con-
tributed to the Trust Fund from all 
sources within the State. 
‘‘(II) The number of confirmed 
releases from federally regulated leak-
ing underground storage tanks in the 
State. 
‘‘(III) The number of federally 
regulated underground storage tanks 
in the State. 
‘‘(IV) The percentage of the pop-
ulation of the State that uses ground-
water for any beneficial purpose. 
‘‘(V) The performance of the 
State in implementing and enforcing 
the program. 
‘‘(VI) The financial needs of the 
State. 
‘‘(VII) The ability of the State to 
use the funds referred to in subpara-
graph (A) in any year. 
‘‘(3) DISTRIBUTIONS
TO
STATE
AGENCIES.—
Distributions from the Trust Fund under this sub-
section shall be made directly to a State agency that 
‘‘(A) enters into a cooperative agreement 
referred to in paragraph (2)(A); or 
‘‘(B) is enforcing a State program ap-
proved under this section. 
‘‘(4) COST
RECOVERY
PROHIBITION.—Funds 
from the Trust Fund provided by States to owners
or operators under paragraph (1)(A)(iii) shall not be 
subject to cost recovery by the Administrator under 
section 9003(h)(6).’’. 
SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 
Section 9005 of the Solid Waste Disposal Act (42 
U.S.C. 6991d) is amended by inserting the following new 
subsection at the end thereof: 
‘‘(c) INSPECTION REQUIREMENTS.—Not later than 2 
years after the date of enactment of this subsection, the 
Administrator or a State that receives funding from this 
subtitle, shall conduct on-site inspections of all under-
ground storage tanks regulated under this subtitle that 
have not undergone such inspection since December 22, 
1998, to determine compliance with this subtitle. 
‘‘(d) STATE COMPLIANCE PROGRAMS.—Each State 
that receives funding from this subtitle shall, not later 
than 2 years after the date of enactment of this sub-
section, develop, in cooperation with the Administrator, a 
State Compliance Assurance Program to ensure that all 
underground storage tanks regulated under this subtitle 
remain compliant with this subtitle. Such programs shall: 
‘‘(1) include a frequency of inspection require-
ment; and 
‘‘(2) provide that inspections conducted under 
such programs shall be conducted either pursuant to
a State program approved under section 9004 or 
pursuant to a cooperative agreement with the Ad-
ministrator, or an alternative State inspection pro-
gram, as approved by the Administrator, as a com-
ponent of an integrated underground storage tank 
enforcement program including targeted and for 
cause inspections.’’. 
SEC. 4. OPERATOR TRAINING. 
Section 9010 of the Solid Waste Disposal Act is 
amended to read as follows: 
‘‘SEC. 9010. OPERATOR TRAINING. 
‘‘(a) GUIDELINES.—
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of the Underground 
Storage Tank Compliance Act of 2003, in coopera-
tion with States, owners, and operators, the Admin-
istrator shall publish in the Federal Register, after 
public notice and opportunity for comment, guide-
lines that specify methods for training operators of 
underground storage tanks. 
‘‘(2) CONSIDERATIONS.—The guidelines de-
scribed in paragraph (1) shall take into account each 
of the following: 
‘‘(A) State training programs in existence 
as of the date of publication of the guidelines.
‘‘(B) training programs that are being em-
ployed by owners and operators as of the date 
of enactment of this paragraph. 
‘‘(C) The high turnover rate of operators. 
‘‘(D) The frequency of improvement in un-
derground storage tank equipment technology. 
‘‘(E) The nature of the businesses in which 
the operators are engaged. 
‘‘(F) Such other factors as the Adminis-
trator determines to be necessary to carry out 
this section. 
‘‘(b) STATE PROGRAMS.—
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date on which the Administrator publishes 
the guidelines under subsection (a)(1), each State 
shall develop and implement a strategy for the train-
ing of operators of underground storage tanks that 
is consistent with paragraph (2). 
‘‘(2) REQUIREMENTS.—A State strategy de-
scribed in paragraph (1) shall—
‘‘(A) be consistent with subsection (a); 
‘‘(B) be developed in cooperation with own-
ers and operators; and
‘‘(C) take into consideration training pro-
grams implemented by owners and operators as 
of the date of enactment of this subsection. 
‘‘(3) FINANCIAL
INCENTIVE.—The Adminis-
trator may award to a State that develops and im-
plements a strategy described in paragraph (1), in 
addition to any funds that the State is entitled to 
receive under this subtitle, not more than $200,000, 
to be used to carry out the strategy.’’. 
SEC. 5. REMEDIATION FROM ETHER FUEL ADDITIVES. 
Section 9003(h) of the Solid Waste Disposal Act (42 
U.S.C. 6991b(h)) is amended as follows: 
(1) In paragraph (7)(A)—
(A) by striking ‘‘paragraphs (1) and (2) of 
this subsection’’ and inserting ‘‘paragraphs (1), 
(2), and (12)’’ ; and 
(B) by striking ‘‘and including the authori-
ties of paragraphs (4), (6), and (8) of this sub-
section’’ and inserting ‘‘and the authority under 
section 9011 and paragraphs (4), (6), and 
(8),’’. 
(2) By adding at the end the following: 
‘‘(12) REMEDIATION OF ETHER FUEL CONTAMI-
NATION.—
‘‘(A) IN
GENERAL.—The Administrator 
and the States may use funds made available 
under section 9013(2)(B) to carry out correc-
tive actions with respect to a release of an ether 
fuel additive that presents a threat to human 
health or welfare or the environment 
‘‘(B) APPLICABLE AUTHORITY.—The Ad-
ministrator or a State shall carry out subpara-
graph (A) in accordance with paragraph (2), 
and in the case of a State, in accordance with 
a cooperative agreement entered into by the Ad-
ministrator and the State under paragraph 
(7).’’. 
SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND EN-
FORCEMENT. 
(a) RELEASE PREVENTION AND COMPLIANCE.—Sub-
title I of the Solid Waste Disposal Act (42 U.S.C. 6991 
et seq.) (as amended by section 4 of this Act) is amended 
by adding at the end the following: 
‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 
COMPLIANCE. 
‘‘Funds made available under section 9013(2)(D) 
from the Trust Fund may be used to conduct inspections, 
issue orders, or bring actions under this subtitle—
‘‘(1) by a State, in accordance with a grant or 
cooperative agreement with the Administrator, of 
State regulations pertaining to underground storage 
tanks regulated under this subtitle; and 
‘‘(2) by the Administrator, under this subtitle 
(including under a State program approved under 
section 9004).’’. 
(b) GOVERNMENT OWNED TANKS.—Section 9003 of 
the Solid Waste Disposal Act (42 U.S.C. 6991b) is amend-
ed by adding at the end the following: 
‘‘(i) GOVERNMENT OWNED TANKS.—
‘‘(1) IMPLEMENTATION REPORT.—
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this subsection, 
each State shall submit to the Administrator an 
implementation report that—
‘‘(i) lists the location and owner of 
each underground storage tank described 
in subparagraph (B) in the State that, as 
of the date of submission of the report, is 
not in compliance with this subtitle; 
‘‘(ii) specifies the date of the last in-
spection by a State or Federal inspector of 
each underground storage tank described 
in clause (i);
‘‘(iii) lists each violation of this sub-
title respecting any underground storage 
tank described in clause (i); and 
‘‘(iv) describes the actions that have 
been and will be taken to ensure compli-
ance by the underground storage tank list-
ed under clause (i) with this subtitle. 
‘‘(B) UNDERGROUND STORAGE TANK.—An 
underground storage tank described in this sub-
paragraph is an underground storage tank that 
is regulated under this subtitle, and owned or 
operated by the State government or any local 
government. 
‘‘(C) PUBLIC AVAILABILITY.—The Admin-
istrator shall make each report received under 
subparagraph (A) available to the public 
through an appropriate media. 
‘‘(2) FINANCIAL
INCENTIVE.—The Adminis-
trator may award to a State that develops an imple-
mentation report described in paragraph (1), in ad-
dition to any funds that the State is entitled to re-
ceive under this subtitle, not more than $50,000, to 
be used to carry out the implementation report.
‘‘(3) NOT A SAFE HARBOR.—This subsection 
does not relieve any person from any obligation or 
requirement under this subtitle.’’. 
(c) INCENTIVE FOR PERFORMANCE.—Section 9006 
of the Solid Waste Disposal Act (42 U.S.C. 6991e) is 
amended by adding at the end the following: 
‘‘(e) INCENTIVE
FOR
PERFORMANCE.—In deter-
mining the terms of, or whether to issue, a compliance 
order under subsection (a), or the amount of, or whether 
to issue, a civil penalty under subsection (d), the Adminis-
trator, or a State under a program approved under section 
9004, shall take into consideration whether an owner or 
operator—
‘‘(1) has a history of operating underground 
storage tanks of the owner or operator in accordance 
with this subtitle; or a State program approved 
under section 9004; or 
‘‘(2) has repeatedly violated this subtitle; or a 
State program approved under section 9004; or 
‘‘(3) has implemented a program, consistent 
with guidelines published under section 9010, that 
provides training to persons responsible for oper-
ating any underground storage tank of the owner or 
operator. 
‘‘(f) DELIVERY PROHIBITION.—
‘‘(1) REQUIREMENTS.—
‘‘(A) PROHIBITION OF DELIVERY.—Subject 
to paragraph (2), beginning 6 months after the 
date of enactment of this subsection, it shall be 
unlawful to deliver to or accept a regulated sub-
stance into an underground storage tank listed 
on the Delivery Prohibition Rosters established 
by the Administrator and each State that re-
ceives funding under this subtitle under sub-
paragraph (B). 
‘‘(B) DELIVERY PROHIBITION ROSTER.—
‘‘(i) IN GENERAL.—The Administrator 
and each State implementing agency that 
receives funding under this subtitle shall 
establish within 5 months after the date of 
enactment a Delivery Prohibition Roster 
listing underground storage tanks under 
the Administrator’s or the State’s jurisdic-
tion that are not in compliance with a re-
quirement or standard promulgated by the 
Administrator under section 9003 or a re-
quirement or standard of a State program 
approved under section 9004. 
‘‘(ii) NOTIFICATION.—The Adminis-
trator and the State shall, make readily
known to underground storage tank own-
ers and operators and to product delivery 
industries, the underground storage tanks 
listed on a Delivery Prohibition Roster by 
(I) posting such Rosters, including the 
physical location and street address of each 
listed underground storage tank, on official 
web sites; (II) mailing within 7 days of the 
addition of an underground storage tank to 
a Delivery Prohibition Roster a certified 
letter to each supplier of motor fuel to 
such an underground storage tank within 
the last 30 days notifying the supplier that 
the tank has been listed; (III) notifying 
suppliers by other electronic means avail-
able; and (IV) updating these Rosters peri-
odically. 
‘‘(iii) ROSTER
UPDATES.—The Ad-
ministrator and the State shall update the 
Delivery Prohibition Rosters 15 calendar 
days prior to the first day of each calendar 
month. 
‘‘(2) LIMITATION.—
‘‘(A) SPECIFIED GEOGRAPHIC AREA.—Sub-
ject to paragraph (B), under paragraph (1), the
Administrator or a State shall not include an 
underground storage tank on a Delivery Prohi-
bition Roster if such a delivery prohibition 
would jeopardize the availability of, or access 
to, fuel in any specified geographic area. 
‘‘(B) APPLICABILITY
OF
LIMITATION.—
The limitation under subparagraph (A) shall 
apply only during the 180-day period following 
the date of a determination by the Adminis-
trator or the appropriate State that exercising 
the authority of paragraph (1) is limited by 
subparagraph (A). 
‘‘(C) GUIDELINES.—Not later than 6 
months after the date of enactment of this sub-
section, the Administrator shall issue guidelines 
that define the term ‘specified geographic area’ 
for the purpose of subparagraph (A). 
‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—The 
Administrator, after consultation with the States, 
shall issue guidelines for carrying out this subsection 
within 3 months of the date of enactment of this 
subsection. 
‘‘(4) ENFORCEMENT
AND
PENALTIES.—The 
Administrator may use the authority under the en-
forcement, compliance, or penalty provisions of this 
subtitle to carry out this subsection. 
‘‘(5) EFFECT ON STATE AUTHORITY.—Nothing 
in this subsection shall affect the authority of a 
State to prohibit the delivery of a regulated sub-
stance to an underground storage tank. 
‘‘(6) DEFENSE TO VIOLATION.—A person shall 
not be in violation of paragraph (1)(A) if the under-
ground storage tank into which a regulated sub-
stance is delivered is not listed on the Administra-
tor’s or the appropriate State’s Prohibited Delivery 
Roster 15 calendar days prior to the delivery being 
made. 
‘‘(7) SUNSET.—This subsection shall cease to 
be effective 42 months after the date of enact-
ment.’’. 
(d) PUBLIC RECORD.—Section 9002 of the Solid 
Waste Disposal Act (42 U.S.C. 6991a) is amended by add-
ing at the end the following: 
‘‘(d) PUBLIC RECORD.—
‘‘(1) IN GENERAL.—The Administrator shall re-
quire each State and Indian tribe that receives funds 
under this subtitle to maintain, update at least an-
nually, and make available to the public, in such 
manner and form as the Administrator shall pre-
scribe (after consultation with States and Indian 
tribes), a record of underground storage tanks regu-
lated under this subtitle. 
‘‘(2) CONSIDERATIONS.—To the maximum ex-
tent practicable, the public record of a State or In-
dian tribe, respectively, shall include, for each year 
each of the following: 
‘‘(A) The number, sources, and causes of 
underground storage tank releases in the State 
or tribal area. 
‘‘(B) The record of compliance by under-
ground storage tanks in the State or tribal area 
with this subtitle; or an applicable State pro-
gram approved under section 9004. 
‘‘(C) Data on the number of underground 
storage tank equipment failures in the State or 
on tribal land. 
‘‘(3) AVAILABILITY.—The Administrator shall 
make the public record of each State and Indian 
tribe under this section available to the public elec-
tronically.’’. 
SEC. 7. FEDERAL FACILITIES. 
Section 9007 of the Solid Waste Disposal Act (42 
U.S.C. 6991f) is amended to read as follows:
‘‘SEC. 9007 FEDERAL FACILITIES. 
‘‘(a) IN GENERAL.—Each department, agency, and 
instrumentality of the executive, legislative, and judicial 
branches of the Federal Government shall be subject to, 
and comply with, all Federal, State, interstate, and local 
requirements, both substantive and procedural (including 
any requirements for permits or reporting or any provi-
sions for injunctive relief and such sanctions as may be 
imposed by a court to enforce such relief), respecting un-
derground storage tanks in the same manner, and to the 
same extent, as any person is subject to such requirements 
if such department, agency, or instrumentality—
‘‘(1) has jurisdiction over any underground 
storage tank or underground storage tank system, or 
‘‘(2) engaged in any activity resulting, or which 
may result, in the installation, operation, manage-
ment, or closure of any underground storage tank, 
release response activities thereto, or in the delivery 
of any regulated substance to an underground stor-
age tank or underground storage tank system. 
‘‘(b) WAIVER OF SOVERIGN IMMUNITY.—The United 
States hereby expressly waives any immunity otherwise 
applicable to the United States with respect to the sub-
stantive and procedural requirements of subsection (a). 
‘‘(c) LIABILITY.—
‘‘(2) RESTRICTION
ON
EXEMPTION.—No ex-
emption shall be granted under paragraph (1) due to 
lack of appropriation unless the President shall have 
specifically requested such appropriation as a part of 
the budgetary process and the Congress shall have 
failed to make available such requested appropria-
tion. 
‘‘(3) EXEMPTION TIME LIMIT.—Any exemption 
granted under paragraph (1) shall be for a period 
not in excess of one year, but additional exemptions 
may be granted for periods not to exceed one year 
upon the President’s making a new determination. 
‘‘(4) REPORT ON EXEMPTIONS.—The President 
shall report each January to the Congress all exemp-
tions from the requirements of this subtitle granted 
during the preceding calendar year, together with 
his reason for granting each such exemption. 
‘‘(e) REVIEW OF, AND REPORT ON, FEDERAL UN-
DERGROUND STORAGE TANKS.—
‘‘(1) REVIEW.— Not later than 9 months after 
the date of enactment of this subsection, the Admin-
istrator, in cooperation with each Federal agency 
that owns or operates 1 or more underground stor-
age tanks or that manages land on which 1 or more 
underground storage tanks are located, shall review
the status of compliance of those underground stor-
age tanks with this subtitle. 
‘‘(2) IMPLEMENTATION REPORT.—
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this sub-
section, each Federal agency described in para-
graph (1) shall submit to the Administrator and 
to each State in which an underground storage 
tank described in paragraph (1) is located an 
implementation report that—
‘‘(i) lists the location and owner of 
each underground storage tank described 
in paragraph (1) that, as of the date of 
submission of the report, is not in compli-
ance with this subtitle; 
‘‘(ii) specifies the date of the last in-
spection by a State or Federal inspector of 
each underground storage tank described 
in clause (i); 
‘‘(iii) lists each violation of this sub-
title respecting any underground storage 
tank described in clause (i); and 
‘‘(iv) describes the actions that have 
been and will be taken to ensure compli-
ance by the underground storage tank with 
this subtitle. 
‘‘(B) PUBLIC AVAILABILITY.— The Admin-
istrator shall make each report received under 
subparagraph (A) available to the public 
through electronic means. 
‘‘(3) NOT
A
SAFE
HARBOR.—This subsection 
does not relieve any person from any obligation or 
requirement under this subtitle.’’. 
SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN 
TRIBES. 
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 
6991 et seq.) is amended by inserting after section 9011 
(as added by section 6(a)) the following: 
‘‘SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN 
TRIBES. 
‘‘(a) STRATEGY.—The Administrator, in coordination 
with Indian tribes, shall take each of the following actions: 
‘‘(1) Not later than 1 year after the date of en-
actment of this section, the Administrator shall de-
velop and implement a strategy— 
‘‘(A) giving priority to releases that 
present the greatest threat to human health or 
the environment, to take necessary corrective 
action in response to releases from leaking un-
derground storage tanks located wholly within 
the boundaries of—
‘‘(i) an Indian reservation; or 
‘‘(ii) any other area under the juris-
diction of an Indian tribe; and 
‘‘(B) to implement and enforce require-
ments concerning underground storage tanks 
located wholly within the boundaries of—
‘‘(i) an Indian reservation; or 
‘‘(ii) any other area under the juris-
diction of an Indian tribe; and 
‘‘(2) Not later than 2 years after the date of 
enactment of this section and every 2 years there-
after, the Administrator shall submit to Congress a 
report that summarizes the status of implementation 
and enforcement of the leaking underground storage 
tank program in areas located wholly within—
‘‘(A) the boundaries of Indian reservations; 
and 
‘‘(B) any other areas under the jurisdiction 
of an Indian tribe. 
‘‘(3) The Administrator shall make the report 
described in paragraph (2) available to the public on 
the Internet.
‘‘(b) NOT A SAFE HARBOR.—This section does not 
relieve any person from any obligation or requirement 
under this subtitle. 
‘‘(c) STATE AUTHORITY.—Nothing in this section ap-
plies to any underground storage tank that is located in 
an area under the jurisdiction of a State, or that is subject 
to regulation by a State, as of the date of enactment of 
this section.’’. 
SEC. 9. STATE AUTHORITY. 
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 
6991 et seq.) (as amended by section 8) is amended by 
adding a the end the following: 
‘‘SEC. 9013. STATE AUTHORITY. 
‘‘Nothing in this subtitle precludes a State from es-
tablishing any requirement that is more stringent than a 
requirement under this subtitle.’’. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 
6991 et seq.) (as amended by section 9) is amended by 
adding at the end the following: 
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ad-
ministrator the following amounts: