742
onstrated to the Administrator (or the 
State pursuant to paragraph (7)) by the 
owner or operator. 
‘‘(ii) 
CONSIDERATIONS.—In 
deter-
mining whether or not a demonstration is 
made under clause (i), the Administrator 
(or the State pursuant to paragraph (7)) 
shall take into consideration the ability of 
the owner or operator to pay corrective ac-
tion costs and still maintain its basic busi-
ness operations, including consideration of 
the overall financial condition of the owner 
or operator and demonstrable constraints 
on the ability of the owner or operator to 
raise revenues. 
‘‘(iii) INFORMATION.—An owner or 
operator requesting consideration under 
this subparagraph shall promptly provide 
the Administrator (or the State pursuant 
to paragraph (7)) with all relevant infor-
mation needed to determine the ability of 
the owner or operator to pay corrective ac-
tion costs. 
‘‘(iv) ALTERNATIVE PAYMENT METH-
ODS.—The Administrator (or the State
743
pursuant to paragraph (7)) shall consider 
alternative payment methods as may be 
necessary or appropriate if the Adminis-
trator (or the State pursuant to paragraph 
(7)) determines that an owner or operator 
cannot pay all or a portion of the costs in 
a lump sum payment. 
‘‘(iii) MISREPRESENTATION.—If an 
owner or operator provides false informa-
tion or otherwise misrepresents their finan-
cial situation under clause (ii), the Admin-
istrator (or the State pursuant to para-
graph (7)) shall seek full recovery of the 
costs of all such actions pursuant to the 
provisions of subparagraph (A) without 
consideration of the factors in subpara-
graph (B).’’. 
SEC. 
1523. 
INSPECTION 
OF 
UNDERGROUND 
STORAGE 
TANKS. 
(a) INSPECTION REQUIREMENTS.—Section 9005 of 
the Solid Waste Disposal Act (42 U.S.C. 6991d) is amend-
ed by inserting the following new subsection at the end 
thereof: 
‘‘(c) INSPECTION REQUIREMENTS.—
744
‘‘(1) UNINSPECTED TANKS.—In the case of un-
derground storage tanks regulated under this sub-
title that have not undergone an inspection since De-
cember 22, 1998, not later than 2 years after the 
date of enactment of this subsection, the Adminis-
trator or a State that receives funding under this 
subtitle, as appropriate, shall conduct on-site inspec-
tions of all such tanks to determine compliance with 
this subtitle and the regulations under this subtitle 
(40 C.F.R. 280) or a requirement or standard of a 
State program developed under section 9004. 
‘‘(2) PERIODIC INSPECTIONS.—After completion 
of all inspections required under paragraph (1), the 
Administrator or a State that receives funding under 
this subtitle, as appropriate, shall conduct on-site in-
spections of each underground storage tank regu-
lated under this subtitle at least once every 3 years 
to determine compliance with this subtitle and the 
regulations under this subtitle (40 C.F.R. 280) or a 
requirement or standard of a State program devel-
oped under section 9004. The Administrator may ex-
tend for up to one additional year the first 3-year 
inspection interval under this paragraph if the State 
demonstrates that it has insufficient resources to
745
complete all such inspections within the first 3-year 
period. 
‘‘(3) INSPECTION AUTHORITY.—Nothing in this 
section shall be construed to diminish the Adminis-
trator’s or a State’s authorities under section 
9005(a).’’. 
(b) STUDY
OF ALTERNATIVE INSPECTION PRO-
GRAMS.—The Administrator of the Environmental Protec-
tion Agency, in coordination with a State, shall gather in-
formation on compliance assurance programs that could 
serve as an alternative to the inspection programs under 
section 9005(c) of the Solid Waste Disposal Act (42 
U.S.C. 6991d(c)) and shall, within 4 years after the date 
of enactment of this Act, submit a report to the Congress 
containing the results of such study. 
SEC. 1524. OPERATOR TRAINING. 
(a) IN GENERAL.—Section 9010 of the Solid Waste 
Disposal Act (42 U.S.C. 6991i) is amended to read as fol-
lows: 
‘‘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 2005, in consulta-
tion and cooperation with States and after public no-
746
tice and opportunity for comment, the Administrator 
shall publish guidelines that specify training require-
ments for—
‘‘(A) persons having primary responsibility 
for on-site operation and maintenance of under-
ground storage tank systems; 
‘‘(B) persons having daily on-site responsi-
bility for the operation and maintenance of un-
derground storage tanks systems; and 
‘‘(C) daily, on-site employees having pri-
mary responsibility for addressing emergencies 
presented by a spill or release from an under-
ground storage tank system. 
‘‘(2) CONSIDERATIONS.—The guidelines de-
scribed in paragraph (1) shall take into account—
‘‘(A) State training programs in existence 
as of the date of publication of the guidelines; 
‘‘(B) training programs that are being em-
ployed by tank owners and tank operators as of 
the date of enactment of the Underground Stor-
age Tank Compliance Act of 2005; 
‘‘(C) the high turnover rate of tank opera-
tors and other personnel; 
‘‘(D) the frequency of improvement in un-
derground storage tank equipment technology;
747
‘‘(E) the nature of the businesses in which 
the tank operators are engaged; 
‘‘(F) the substantial differences in the 
scope and length of training needed for the dif-
ferent classes of persons described in subpara-
graphs (A), (B), and (C) of paragraph (1); and 
‘‘(G) 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 
that receives funding under this subtitle shall de-
velop State-specific training requirements that are 
consistent with the guidelines developed under sub-
section (a)(1). 
‘‘(2) REQUIREMENTS.—State requirements de-
scribed in paragraph (1) shall—
‘‘(A) be consistent with subsection (a); 
‘‘(B) be developed in cooperation with tank 
owners and tank operators; 
‘‘(C) take into consideration training pro-
grams implemented by tank owners and tank
748
operators as of the date of enactment of this 
section; and 
‘‘(D) be appropriately communicated to 
tank owners and operators. 
‘‘(3) FINANCIAL
INCENTIVE.—The Adminis-
trator may award to a State that develops and im-
plements requirements 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 requirements. 
‘‘(c) TRAINING.—All persons that are subject to the 
operator training requirements of subsection (a) shall—
‘‘(1) meet the training requirements developed 
under subsection (b); and 
‘‘(2) repeat the applicable requirements devel-
oped under subsection (b), if the tank for which they 
have primary daily on-site management responsibil-
ities is determined to be out of compliance with—
‘‘(A) a requirement or standard promul-
gated by the Administrator under section 9003; 
or 
‘‘(B) a requirement or standard of a State 
program approved under section 9004.’’. 
(b) 
STATE
PROGRAM
REQUIREMENT.—Section 
9004(a) of the Solid Waste Disposal Act (42 U.S.C.
749
6991c(a)) is amended by striking ‘‘and’’ at the end of 
paragraph (7), by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’, and by adding the fol-
lowing new paragraph at the end thereof: 
‘‘(9) State-specific training requirements as re-
quired by section 9010.’’. 
(c) ENFORCEMENT.—Section 9006(d)(2) of such Act 
(42 U.S.C. 6991e) is amended as follows: 
(1) By striking ‘‘or’’ at the end of subpara-
graph (B). 
(2) By adding the following new subparagraph 
after subparagraph (C): 
‘‘(D) the training requirements established by 
States pursuant to section 9010 (relating to oper-
ator training); or’’. 
(d) TABLE OF CONTENTS.—The item relating to sec-
tion 9010 in table of contents for the Solid Waste Disposal 
Act is amended to read as follows:
‘‘Sec. 9010. Operator training.’’.
SEC. 1525. REMEDIATION FROM OXYGENATED FUEL ADDI-
TIVES. 
Section 9003(h) of the Solid Waste Disposal Act (42 
U.S.C. 6991b(h)) is amended as follows: 
(1) In paragraph (7)(A)—
750
(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 
sections 9011 and 9012 and paragraphs (4), 
(6), and (8),’’. 
(2) By adding at the end the following: 
‘‘(12) REMEDIATION
OF
OXYGENATED
FUEL 
CONTAMINATION.—
‘‘(A) IN
GENERAL.—The Administrator 
and the States may use funds made available 
under section 9014(2)(B) to carry out correc-
tive actions with respect to a release of a fuel 
containing an oxygenated fuel additive that pre-
sents 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).’’.
751
SEC. 1526. 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.) is amended by adding at the end the following: 
‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 
COMPLIANCE. 
‘‘Funds made available under section 9014(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, for tanks regulated 
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) STATE
COMPLIANCE
REPORT.—(A) Not 
later than 2 years after the date of enactment of 
this subsection, each State that receives funding 
under this subtitle shall submit to the Administrator 
a State compliance report that—
752
‘‘(i) lists the location and owner of each 
underground storage tank described in subpara-
graph (B) in the State that, as of the date of 
submission of the report, is not in compliance 
with section 9003; and 
‘‘(ii) specifies the date of the last inspec-
tion and describes the actions that have been 
and will be taken to ensure compliance of the 
underground storage tank listed under clause 
(i) with this subtitle. 
‘‘(B) An underground storage tank described in 
this subparagraph is an underground storage tank 
that is—
‘‘(i) regulated under this subtitle; and 
‘‘(ii) owned or operated by the Federal, 
State, or local government. 
‘‘(C) The Administrator 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 a report 
described in paragraph (1), in addition to any other 
funds that the State is entitled to receive under this 
subtitle, not more than $50,000, to be used to carry 
out the report.