1095
grants for the research into, and development and
implementation of, renewable fuel production tech-
nologies in RFG States with low rates of ethanol
production, including low rates of production of cel-
lulosic biomass ethanol.
(2) ELIGIBILITY.—
(A) IN GENERAL.—The entities eligible to
receive a grant under this subsection are aca-
demic institutions in RFG States, and consortia
made up of combinations of academic institu-
tions, industry, State government agencies, or
local government agencies in RFG States, that
have proven experience and capabilities with
relevant technologies.
(B) APPLICATION.—To be eligible to re-
ceive a grant under this subsection, an eligible
entity shall submit to the Administrator an ap-
plication in such manner and form, and accom-
panied by such information, as the Adminis-
trator may specify.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $25,000,000 for each of fiscal years
2004 through 2008.
1096
SEC. 1513. CELLULOSIC BIOMASS AND WASTE-DERIVED
ETHANOL CONVERSION ASSISTANCE.
Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by adding at the end the following:
‘‘(r) CELLULOSIC BIOMASS
AND WASTE-DERIVED
ETHANOL CONVERSION ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary of Energy
may provide grants to merchant producers of cel-
lulosic biomass ethanol and waste-derived ethanol in
the United States to assist the producers in building
eligible production facilities described in paragraph
(2) for the production of ethanol.
‘‘(2) ELIGIBLE
PRODUCTION
FACILITIES.—A
production facility shall be eligible to receive a grant
under this subsection if the production facility—
‘‘(A) is located in the United States; and
‘‘(B) uses cellulosic biomass or waste-de-
rived feedstocks derived from agricultural resi-
dues, municipal solid waste, or agricultural by-
products as that term is used in section 919 of
the Energy Policy Act of 2003.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated the fol-
lowing amounts to carry out this subsection:
‘‘(A) $100,000,000 for fiscal year 2004.
‘‘(B) $250,000,000 for fiscal year 2005.
1097
‘‘(C) $400,000,000 for fiscal year 2006.’’.
SEC. 1514. BLENDING OF COMPLIANT REFORMULATED GAS-
OLINES.
Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by adding at the end the following:
‘‘(s) BLENDING
OF COMPLIANT REFORMULATED
GASOLINES.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (h) and (k) and subject to the limitations in
paragraph (2) of this subsection, it shall not be a
violation of this subtitle for a gasoline retailer, dur-
ing any month of the year, to blend at a retail loca-
tion batches of ethanol-blended and non-ethanol-
blended reformulated gasoline, provided that—
‘‘(A) each batch of gasoline to be blended
has been individually certified as in compliance
with subsections (h) and (k) prior to being
blended;
‘‘(B) the retailer notifies the Administrator
prior to such blending, and identifies the exact
location of the retail station and the specific
tank in which such blending will take place;
‘‘(C) the retailer retains and, as requested
by the Administrator or the Administrator’s
designee, makes available for inspection such
1098
certifications accounting for all gasoline at the
retail outlet; and
‘‘(D) the retailer does not, between June 1
and September 15 of each year, blend a batch
of VOC-controlled, or ‘summer’, gasoline with a
batch of non-VOC-controlled, or ‘winter’, gaso-
line (as these terms are defined under sub-
sections (h) and (k)).
‘‘(2) LIMITATIONS.—
‘‘(A) FREQUENCY LIMITATION.—A retailer shall
only be permitted to blend batches of compliant re-
formulated gasoline under this subsection a max-
imum of two blending periods between May 1 and
September 15 of each calendar year.
‘‘(B) DURATION OF BLENDING PERIOD.—Each
blending period authorized under subparagraph (A)
shall extend for a period of no more than 10 con-
secutive calendar days.
‘‘(3) SURVEYS.—A sample of gasoline taken
from a retail location that has blended gasoline with-
in the past 30 days and is in compliance with sub-
paragraphs (A), (B), (C), and (D) of paragraph (1)
shall not be used in a VOC survey mandated by 40
C.F.R. Part 80.
1099
‘‘(4) STATE IMPLEMENTATION PLANS.—A State
shall be held harmless and shall not be required to
revise its State implementation plan under section
110 to account for the emissions from blended gaso-
line authorized under paragraph (1).
‘‘(5) PRESERVATION OF STATE LAW.—Nothing
in this subsection shall—
‘‘(A) preempt existing State laws or regu-
lations regulating the blending of compliant
gasolines; or
‘‘(B) prohibit a State from adopting such
restrictions in the future.
‘‘(6) REGULATIONS.—The Administrator shall
promulgate, after notice and comment, regulations
implementing this subsection within one year after
the date of enactment of this subsection.
‘‘(7) EFFECTIVE DATE.—This subsection shall
become effective 15 months after the date of its en-
actment and shall apply to blended batches of refor-
mulated gasoline on or after that date, regardless of
whether the implementing regulations required by
paragraph (6) have been promulgated by the Admin-
istrator by that date.
‘‘(8) LIABILITY.—No person other than the
person responsible for blending under this subsection
1100
shall be subject to an enforcement action or pen-
alties under subsection (d) solely arising from the
blending of compliant reformulated gasolines by the
retailers.
‘‘(9) FORMULATION OF GASOLINE.—This sub-
section does not grant authority to the Adminis-
trator or any State (or any subdivision thereof) to
require reformulation of gasoline at the refinery to
adjust for potential or actual emissions increases due
to the blending authorized by this subsection.’’.
Subtitle B—Underground Storage
Tank Compliance
SEC. 1521. SHORT TITLE.
This subtitle may be cited as the ‘‘Underground Stor-
age Tank Compliance Act of 2004’’.
SEC. 1522. LEAKING UNDERGROUND STORAGE TANKS.
(a) IN GENERAL.—Section 9004 of the Solid Waste
Disposal Act (42 U.S.C. 6991c) is amended by adding at
the end the following:
‘‘(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
1101
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 for—
‘‘(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 State assurance programs under
subsection (c)(1);
‘‘(iii) any State fund or State assur-
ance program carried out under subsection
(c)(1) for a release from an underground
storage tank regulated under this subtitle
to the extent that, as determined by the
State in accordance with guidelines devel-
oped jointly by the Administrator and the
States, the financial resources of the owner
and operator of the underground storage
tank (including resources provided by a
program in accordance with subsection
(c)(1)) are not adequate to pay the cost of
a corrective action without significantly im-
1102
pairing the ability of the owner or operator
to continue in business; or
‘‘(iv) enforcement, by a 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 subparts B, C, D,
H, and G of part 280 of title 40, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this subsection).
‘‘(2) ALLOCATION.—
1103
‘‘(A) PROCESS.—Subject to subparagraphs
(B) and (C), in the case of a State with which
the Administrator has entered into a coopera-
tive agreement under section 9003(h)(7)(A),
the Administrator shall distribute funds from
the Trust Fund to the State using an allocation
process developed by the Administrator.
‘‘(B) DIVERSION OF STATE FUNDS.—The
Administrator shall not distribute funds under
subparagraph (A)(iii) of subsection (f)(1) to
any State that has diverted funds from a State
fund or State assurance program for purposes
other than those related to the regulation of un-
derground storage tanks covered by this sub-
title, with the exception of those transfers that
had been completed earlier than the date of en-
actment of this subsection.
‘‘(C) REVISIONS
TO
PROCESS.—The Ad-
ministrator may revise the allocation process re-
ferred to in subparagraph (A) after—
‘‘(i) consulting with State agencies re-
sponsible for overseeing corrective action
for releases from underground storage
tanks; and
1104
‘‘(ii) taking into consideration, at a
minimum, each of the following:
‘‘(I) The number of confirmed re-
leases from federally regulated leaking
underground storage tanks in the
States.
‘‘(II) The number of federally
regulated underground storage tanks
in the States.
‘‘(III) The performance of the
States in implementing and enforcing
the program.
‘‘(IV) The financial needs of the
States.
‘‘(V) The ability of the States 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.
1105
‘‘(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).’’.
(b) 
WITHDRAWAL
OF
APPROVAL
OF
STATE
FUNDS.—Section 9004(c) of the Solid Waste Disposal Act
(42 U.S.C. 6991c(c)) is amended by inserting the fol-
lowing new paragraph at the end thereof:
‘‘(6) WITHDRAWAL
OF
APPROVAL.—After an
opportunity for good faith, collaborative efforts to
correct financial deficiencies with a State fund, the
Administrator may withdraw approval of any State
fund or State assurance program to be used as a fi-
nancial responsibility mechanism without with-
drawing approval of a State underground storage
tank program under section 9004(a).’’.
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.—
1106
‘‘(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
1107
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 2004, in consulta-
tion and cooperation with States and after public no-
1108
tice and opportunity for comment, the Administrator
shall publish guidelines that specify training require-
ments for persons having primary daily on-site man-
agement responsibility for the operation and mainte-
nance 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 the Underground Stor-
age Tank Compliance Act of 2004;
‘‘(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) STATE PROGRAMS.—
‘‘(1) IN
GENERAL.—Not later than 2 years
after the date on which the Administrator publishes
1109
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
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) OPERATORS.—All persons having primary daily
on-site management responsibility for the operation and
maintenance of any underground storage tank shall—
1110
‘‘(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.
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):
1111
‘‘(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)—
(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-
1112
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).’’.
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
1113
‘‘(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—
‘‘(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—
1114
‘‘(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.
‘‘(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
1116
(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
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
1117
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
‘‘(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).
1118
‘‘(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;
‘‘(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.—
1119
‘‘(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.
‘‘(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
1120
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
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
1121
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
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