I 
108TH CONGRESS 
1ST SESSION H. R. 3231
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 com-
pliance and cleanup, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2003
Mrs. CAPPS (for herself and Mr. WAXMAN) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Solid Waste Disposal Act to bring under-
ground 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Underground Storage 
Tank Reform and Compliance Act of 2003’’.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 
Section 9004 of the Solid Waste Disposal Act (42 
U.S.C. 6991c) is amended by adding at the end the fol-
lowing: 
‘‘(f) TRUST FUND DISTRIBUTION.—
‘‘(1) IN GENERAL.—
‘‘(A) AMOUNT AND PERMITTED USES OF 
DISTRIBUTION.—The Administrator shall dis-
tribute to States not less than 80 percent of the 
funds from the Trust Fund that are made 
available to the Administrator under section 
9014(2)(A) for each fiscal year for use in pay-
ing the reasonable costs, incurred under a coop-
erative agreement with any State, of—
‘‘(i) actions taken by the State under 
section 9003(h)(7)(A); 
‘‘(ii) 
necessary 
administrative 
ex-
penses, as determined by the Adminis-
trator, that are directly related to State 
fund or other State assurance programs; 
or 
‘‘(iii) enforcement by the State or a 
local government of State or local regula-
tions pertaining to underground storage 
tanks regulated under this subtitle.
‘‘(B) USE
OF
FUNDS
FOR
ENFORCE-
MENT.—In addition to the uses of funds au-
thorized under subparagraph (A), the Adminis-
trator may use funds from the Trust Fund that 
are not distributed to States under subpara-
graph (A) for enforcement of any regulation 
promulgated by the Administrator under this 
subtitle. 
‘‘(C) PROHIBITED USES.—Funds provided 
to a State by the Administrator under subpara-
graph (A) shall not be used by the State to pro-
vide financial assistance to an owner or oper-
ator to meet any requirement relating to under-
ground storage tanks under regulations of the 
Administrator under this part regarding tech-
nical standards and corrective action require-
ments for owners and operators of underground 
storage tanks (40 CFR part 280). 
‘‘(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) 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; 
‘‘(ii) taking into consideration, at a 
minimum—
‘‘(I) the number of confirmed re-
leases 
from 
underground 
storage 
tanks regulated under this subtitle in 
the State; 
‘‘(II) the number of underground 
storage tanks in the State regulated 
under this subtitle; 
‘‘(III) the percentage of the pop-
ulation of the State that uses ground-
water for drinking water purposes or 
other beneficial uses;
‘‘(IV) the performance of the 
State in implementing and enforcing 
the program; 
‘‘(V) the financial needs of the 
State; 
‘‘(VI) the State’s ability to use 
the funds referred to in subparagraph 
(A) in any year; and 
‘‘(VII) the compliance rates for 
underground storage tanks regulated 
under this subtitle in the State. 
‘‘(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) DIVERSION OF STATE FUNDS.—
‘‘(A) IN
GENERAL.—The Administrator 
may withdraw the approval of any State fund 
or other State assurance program as a financial 
responsibility mechanism if such fund becomes 
unable to ensure timely corrective actions for
any reason, including diversion of funds from 
the State fund or other state assurance pro-
gram. 
‘‘(B) STATE
PROGRAM
APPROVAL.—For 
States approved under section 9004, the with-
drawal of State fund or other State assurance 
program approval under clause (i) need not re-
quire revocation of the program approval grant-
ed under section 9004.’’
SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 
Section 9005 of the Solid Waste Disposal Act (42 
U.S.C. 6991d) is amended—
(1) by redesignating subsections (a) and (b) as 
subsections (b) and (c), respectively; and 
(2) by inserting before subsection (b) (as redes-
ignated by paragraph (1)) the following: 
‘‘(a) INSPECTION REQUIREMENTS.—Not later than 2 
years after the date of enactment of the Underground 
Storage Tank Reform and Compliance Act of 2003, and 
at least once every 2 years thereafter, the Administrator 
or a State with a program approved under section 9004, 
as appropriate, shall require that all underground storage 
tanks regulated under this subtitle undergo onsite inspec-
tions for compliance with regulations promulgated under 
section 9003(c).’’.
SEC. 4. OPERATOR TRAINING. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by striking 
section 9010 and inserting the following: 
‘‘SEC. 9010. OPERATOR TRAINING. 
‘‘(a) GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, in con-
sultation and cooperation with States and after pub-
lic notice and opportunity for comment, the Admin-
istrator shall publish guidelines that specify training 
requirements for underground storage tank opera-
tors and other persons having primary daily on-site 
management responsibility for the operation and 
maintenance of underground storage tanks. 
‘‘(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 this section; 
‘‘(C) the high turnover rate of tank opera-
tors and other personnel; 
‘‘(D) the frequency of improvement in un-
derground storage tank equipment technology;
‘‘(E) the nature of the businesses in which 
the tank operators are engaged; and 
‘‘(F) such other factors as the Adminis-
trator determines to be necessary to carry out 
this section.
‘‘(b) EPA AND STATE PROGRAMS.—
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date on which the Administrator publishes the 
guidelines under subsection (a)(1), the Adminis-
trator and each State, as appropriate, shall develop 
training requirements that are consistent with the 
guidelines developed under subsection (a)(1). 
‘‘(2) REQUIREMENTS.—Requirements described 
in paragraph (1) shall—
‘‘(A) be consistent with subsection (a); and 
‘‘(B) take into consideration training pro-
grams implemented by tank owners and tank 
operators as of the date of enactment of this 
section. 
‘‘(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) OPERATORS.—
‘‘(1) DOCUMENTATION.—After the training re-
quirements are developed by the Administrator or 
State, as appropriate, under subsection (b), all oper-
ators of underground storage tank systems and the 
other personnel referred to in subsection (a)(1) shall 
submit documentation to the Administrator or State, 
as appropriate, establishing that they have met such 
training requirements within—
‘‘(A) 18 months; 
‘‘(B) the time frame established by the Ad-
ministrator or State under subsection (b); or 
‘‘(C) within 90 days of the date which the 
facility at which they work is determined to be 
out of compliance with—
‘‘(i) a requirement or standard pro-
mulgated by the Administrator under sec-
tion 9003; or 
‘‘(ii) a requirement or standard of a 
State program approved under section 
9004
whichever is sooner. 
‘‘(2) NEW EMPLOYEES.—After such 18-month 
period each operator of an underground storage tank 
system and the other personnel referred to in sub-
section (a)(1) who has not previously received such 
training shall, within 90 days of entering their posi-
tion, submit documentation to the Administrator or 
State, as appropriate, establishing that they have 
met such training requirements. 
‘‘(3) PERIODIC
UPDATES.—All operators and 
other personnel required to submit documentation 
under this subsection shall submit updated docu-
mentation to the Administrator or State, as appro-
priate, establishing that they have met such training 
requirements every 5 years after submitting the 
original documentation.’’. 
(b) 
STATE
PROGRAM
REQUIREMENT.—Section 
9004(a) of the Solid Waste Disposal Act (42 U.S.C. 
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 the Solid 
Waste Disposal Act (42 U.S.C. 6991e(d)(2)) is amended 
by striking ‘‘or’’ at the end of subparagraph (B), inserting 
‘‘;’’ at the end subparagraph (C), and by adding the fol-
lowing new subparagraph after subparagraph (C):
‘‘(D) the training requirements established by 
States pursuant to section 9010 (relating to oper-
ator training);’’. 
SEC. 
5. 
REMEDIATION 
OF 
CONTAMINATION 
FROM 
OXYGENATED 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 au-
thorities of paragraphs (4), (6), and (8) of this 
subsection’’ and inserting ‘‘and the authority 
under sections 9005(c), 9011, 9012, and 9013 
and paragraphs (4), (6), and (8),’’. 
(2) By adding at the end the following: 
‘‘(12) REMEDIATION
OF
OXYGENATED
FUEL 
ADDITIVE 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 an 
oxygenated fuel additive that presents a threat 
to human health, welfare, or the environment.
‘‘(B) APPLICABLE AUTHORITY.—The Ad-
ministrator or a State shall carry out subpara-
graph (A)—
‘‘(i) in accordance with paragraph (2); 
and 
‘‘(ii) in the case of a State, in accord-
ance with a cooperative agreement entered 
into by the Administrator and the State 
under paragraph (7).’’. 
SEC. 6. 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 (1) having jurisdic-
tion over any underground storage tank or underground 
storage tank system, or (2) engaged in any activity result-
ing, or which may result, in the installation, operation,
management, or closure of any underground storage tank, 
release response activities related thereto, or in the deliv-
ery or deposit of any regulated substance to an under-
ground storage tank or underground storage tank system 
shall be subject to, and comply with, all Federal, State, 
interstate, and local requirements, both substantive and
procedural (including any requirement for permits or re-
porting or any provisions for injunctive relief and such 
sanctions as may be imposed by a court to enforce such 
relief), respecting underground storage tanks in the same 
manner, and to the same extent, as any person is subject 
to such requirements, including the payment of reasonable 
service charges. The Federal, State, interstate, and local 
substantive and procedural requirements referred to in 
this subsection include, but are not limited to, all adminis-
trative orders and all civil and administrative penalties 
and fines, regardless of whether such penalties or fines 
are punitive or coercive in nature or are imposed for iso-
lated, intermittent, or continuing violations. The United 
States hereby expressly waives any immunity otherwise 
applicable to the United States with respect to any such 
substantive or procedural requirement (including, but not 
limited to, any injunctive relief, administrative order or 
civil or administrative penalty or fine referred to in the 
preceding sentence, or reasonable service charge). The rea-
sonable service charges referred to in this subsection in-
clude, but are not limited to, fees or charges assessed in 
connection with the processing and issuance of permits, 
renewal of permits, amendments to permits, review of 
plans, studies, and other documents, and inspection and 
monitoring of facilities, as well as any other nondiscrim-
inatory charges that are assessed in connection with a 
Federal, State, interstate, or local underground storage 
tank regulatory program. Neither the United States, nor 
any agent, employee, or officer thereof, shall be immune 
or exempt from any process or sanction of any State or 
Federal Court with respect to the enforcement of any such 
injunctive relief. No agent, employee, or officer of the 
United States shall be personally liable for any civil pen-
alty under any Federal, State, interstate, or local law con-
cerning underground storage tanks with respect to any act 
or omission within the scope of the official duties of the 
agent, employee, or officer. An agent, employee, or officer 
of the United States shall be subject to any criminal sanc-
tion (including, but not limited to, any fine or imprison-
ment) under any Federal or State law concerning under-
ground storage tanks, but no department, agency, or in-
strumentality of the executive, legislative, or judicial 
branch of the Federal Government shall be subject to any 
such sanction. The President may exempt any under-
ground storage tank of any department, agency, or instru-
mentality in the executive branch from compliance with 
such a requirement if he determines it to be in the para-
mount interest of the United States to do so. No such 
exemption shall be granted 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 re-
quested appropriation. Any exemption 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. The President 
shall report each January to the Congress all exemptions 
from the requirements of this section granted during the 
preceding calendar year, together with his reason for 
granting each such exemption. 
‘‘(b) REVIEW OF AND REPORT ON FEDERAL UNDER-
GROUND STORAGE TANKS.—
‘‘(1) REVIEW.—Not later than 9 months after 
the date of enactment of the Underground Storage 
Tank Reform and Compliance Act of 2003, each 
Federal agency that owns or operates 1 or more un-
derground storage tanks, or that manages land on 
which 1 or more underground storage tanks are lo-
cated, shall submit to the Administrator, the Com-
mittee on Energy and Commerce of the United 
States House of Representatives and the Committee 
on the Environment and Public Works of the United 
States Senate a compliance strategy report that—
‘‘(A) lists each underground storage tank 
described in this paragraph that, as of the date
of submission of the report, is not in compliance 
with this subtitle; 
‘‘(B) specifies the date of the last inspec-
tion by a State or Federal inspector of each un-
derground storage tank owned or operated by 
the agency; 
‘‘(C) lists each violation of this subtitle re-
specting any underground storage tank owned 
or operated by the agency and the location of 
such tank; 
‘‘(D) describes the operator training that 
has been provided to the operator and other 
persons having primary daily on-site manage-
ment responsibility for the operation and main-
tenance of underground storage tanks owned or 
operated by the agency; and 
‘‘(E) describes the actions that have been 
and will be taken to ensure compliance by the 
underground storage tank with this subtitle. 
‘‘(2) NOT A SAFE HARBOR.—This subsection 
does not relieve any person from any obligation or 
requirement under this subtitle.’’.
SEC. 7. RELEASE PREVENTION AND COMPLIANCE. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 and following) 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, 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 18 months after the date of enactment of
the Underground Storage Tank Reform and Compli-
ance Act of 2003, each State shall submit to the 
Administrator a State compliance report that—
‘‘(i) lists 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; and 
‘‘(ii) describes the actions that have been 
and will be taken to ensure compliance by 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) NOT A SAFE HARBOR.—This subsection 
does not relieve any person from any obligation or 
requirement under this subtitle.’’. 
(c) 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 that receives Federal funds to carry 
out this subtitle to maintain, update at least annu-
ally, and make available to the public, in such man-
ner and form as the Administrator shall prescribe 
(after consultation with States), a record of under-
ground storage tanks regulated under this subtitle. 
‘‘(2) CONSIDERATIONS.—To the maximum ex-
tent practicable, the public record of a State, respec-
tively, shall include, for each year—
‘‘(A) the number, sources, and causes of 
underground storage tank releases in the State; 
‘‘(B) the record of compliance by under-
ground storage tanks in the State with—
‘‘(i) this subtitle; or 
‘‘(ii) an applicable State program ap-
proved under section 9004; and 
‘‘(C) data on the number of underground 
storage tank equipment failures in the State.
‘‘(3) AVAILABILITY.—The Administrator shall 
make the public record of each State under this sec-
tion available to the public through an appropriate 
media.’’.