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‘‘(3) 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
754
‘‘(C) data on the number of underground 
storage tank equipment failures in the State.’’. 
(d) 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.—Both of the 
following may be taken into account in determining the 
terms of a civil penalty under subsection (d): 
‘‘(1) The compliance history of an owner or op-
erator in accordance with this subtitle or a program 
approved under section 9004. 
‘‘(2) Any other factor the Administrator con-
siders appropriate.’’. 
(e) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new 
item at the end thereof:
‘‘Sec. 9011. Use of funds for release prevention and compliance.’’.
SEC. 1527. DELIVERY PROHIBITION. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 9012. DELIVERY PROHIBITION. 
‘‘(a) REQUIREMENTS.—
‘‘(1) PROHIBITION
OF
DELIVERY
OR
DE-
POSIT.—Beginning 2 years after the date of enact-
ment of this section, it shall be unlawful to deliver
755
to, deposit into, or accept a regulated substance into 
an underground storage tank at a facility which has 
been identified by the Administrator or a State im-
plementing agency to be ineligible for fuel delivery or 
deposit. 
‘‘(2) GUIDANCE.—Within 1 year after the date 
of enactment of this section, the Administrator and 
States that receive funding under this subtitle shall, 
in consultation with the underground storage tank 
owner and product delivery industries, for territory 
for which they are the primary implementing agen-
cies, publish guidelines detailing the specific proc-
esses and procedures they will use to implement the 
provisions of this section. The processes and proce-
dures include, at a minimum—
‘‘(A) the criteria for determining which un-
derground storage tank facilities are ineligible 
for delivery or deposit; 
‘‘(B) the mechanisms for identifying which 
facilities are ineligible for delivery or deposit to 
the underground storage tank owning and fuel 
delivery industries; 
‘‘(C) the process for reclassifying ineligible 
facilities as eligible for delivery or deposit; and
756
‘‘(D) a delineation of, or a process for de-
termining, the specified geographic areas sub-
ject to paragraph (4). 
‘‘(3) DELIVERY PROHIBITION NOTICE.—
‘‘(A) ROSTER.—The Administrator and 
each State implementing agency that receives 
funding under this subtitle shall establish with-
in 24 months after the date of enactment of 
this section a Delivery Prohibition Roster list-
ing underground storage tanks under the Ad-
ministrator’s or the State’s jurisdiction that are 
determined to be ineligible for delivery or de-
posit pursuant to paragraph (2). 
‘‘(B) NOTIFICATION.—The Administrator 
and each State, as appropriate, shall make 
readily known, to underground storage tank 
owners 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 and, if the Administrator 
or the State so chooses, other electronic 
means;
757
‘‘(ii) updating these Rosters periodi-
cally; and 
‘‘(iii) installing a tamper-proof tag, 
seal, or other device blocking the fill pipes 
of such underground storage tanks to pre-
vent the delivery of product into such un-
derground storage tanks. 
‘‘(C) ROSTER
UPDATES.—The Adminis-
trator and the State shall update the Delivery 
Prohibition Rosters as appropriate, but not less 
than once a month on the first day of the 
month. 
‘‘(D) TAMPERING WITH DEVICE.—
‘‘(i) PROHIBITION.—It shall be unlaw-
ful for any person, other than an author-
ized representative of the Administrator or 
a State, as appropriate, to remove, tamper 
with, destroy, or damage a device installed 
by the Administrator or a State, as appro-
priate, under subparagraph (B)(iii) of this 
subsection. 
‘‘(ii) CIVIL PENALTIES.—Any person 
violating clause (i) of this subparagraph 
shall be subject to a civil penalty not to ex-
ceed $10,000 for each violation.
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‘‘(4) LIMITATION.—
‘‘(A) RURAL AND REMOTE AREAS.—Sub-
ject to subparagraph (B), the Administrator or 
a State shall not include an underground stor-
age tank on a Delivery Prohibition Roster 
under paragraph (3) if an urgent threat to pub-
lic health, as determined by the Administrator, 
does not exist and if such a delivery prohibition 
would jeopardize the availability of, or access 
to, fuel in any rural and remote areas. 
‘‘(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 (3) is limited by 
subparagraph (A). 
‘‘(b) EFFECT ON STATE AUTHORITY.—Nothing in 
this section shall affect the authority of a State to prohibit 
the delivery of a regulated substance to an underground 
storage tank. 
‘‘(c) DEFENSE TO VIOLATION.—A person shall not 
be in violation of subsection (a)(1) if the underground 
storage tank into which a regulated substance is delivered 
is not listed on the Administrator’s or the appropriate
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State’s Prohibited Delivery Roster 7 calendar days prior 
to the delivery being made.’’. 
(b) ENFORCEMENT.—Section 9006(d)(2) of such Act 
(42 U.S.C. 6991e(d)(2)) is amended as follows: 
(1) By adding the following new subparagraph 
after subparagraph (D): 
‘‘(E) the delivery prohibition requirement estab-
lished by section 9012,’’. 
(2) By adding the following new sentence at the 
end thereof: ‘‘Any person making or accepting a de-
livery or deposit of a regulated substance to an un-
derground storage tank at an ineligible facility in 
violation of section 9012 shall also be subject to the 
same civil penalty for each day of such violation.’’. 
(c) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new 
item at the end thereof:
‘‘Sec. 9012. Delivery prohibition.’’.
SEC. 1528. 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
760
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, acceptance, or deposit of any regulated substance to 
an underground 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 
reporting 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
761
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
762
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 12 months after 
the date of enactment of the Underground Storage 
Tank Compliance Act of 2005, each Federal agency 
that owns or operates 1 or more underground stor-
age tanks, or that manages land on which 1 or more
763
underground storage tanks are located, shall submit 
to the Administrator, the Committee on Energy and 
Commerce of the United States House of Represent-
atives, and the Committee on the Environment and 
Public Works of the United States Senate a compli-
ance strategy report that—
‘‘(A) lists the location and owner of each 
underground storage tank described in this 
paragraph; 
‘‘(B) lists all tanks that are not in compli-
ance with this subtitle that are owned or oper-
ated by the Federal agency; 
‘‘(C) 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; 
‘‘(D) lists each violation of this subtitle re-
specting any underground storage tank owned 
or operated by the agency; 
‘‘(E) 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
764
‘‘(F) describes the actions that have been 
and will be taken to ensure compliance for each 
underground storage tank identified under sub-
paragraph (B). 
‘‘(2) NOT A SAFE HARBOR.—This subsection 
does not relieve any person from any obligation or 
requirement under this subtitle.’’. 
SEC. 1529. TANKS ON TRIBAL LANDS. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
the following at the end thereof: 
‘‘SEC. 9013. TANKS ON TRIBAL LANDS. 
‘‘(a) STRATEGY.—The Administrator, in coordination 
with Indian tribes, shall, not later than 1 year after the 
date of enactment of this section, develop and implement 
a strategy—
‘‘(1) giving priority to releases that present the 
greatest threat to human health or the environment, 
to take necessary corrective action in response to re-
leases from leaking underground storage tanks lo-
cated wholly within the boundaries of—
‘‘(A) an Indian reservation; or 
‘‘(B) any other area under the jurisdiction 
of an Indian tribe; and