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‘‘(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
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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 2005’’.
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
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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) corrective 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); or
‘‘(iii) 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-
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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.—
‘‘(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.