I 
108TH CONGRESS 
1ST SESSION H. R. 3335
To reduce the instances of releases from underground storage tanks by 
strengthening tank inspections, operator training, program enforcement, 
oxygenated fuel cleanup, and providing States greater Federal resources 
from the Leaking Underground Storage Tank Trust Fund. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 17, 2003
Mr. GILLMOR introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To reduce the instances of releases from underground storage 
tanks by strengthening tank inspections, operator train-
ing, program enforcement, oxygenated fuel cleanup, and 
providing States greater Federal resources from the 
Leaking Underground Storage Tank Trust Fund.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Subtitle B—Underground Storage 
Tank Compliance 
SEC. 1. SHORT TITLE. 
This subtitle may be cited as the ‘‘Underground Stor-
age Tank Compliance Act of 2003’’.
SEC. 2. 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 
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—
‘‘(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
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.
‘‘(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 
‘‘(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. 
‘‘(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. 6991d) is amended by inserting the following 
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. 3. 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.—
‘‘(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 
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 enact-
ment of this Act, submit a report to the Congress con-
taining the results of such study. 
SEC. 4. 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 2003, in consulta-
tion and cooperation with States and after public no-
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 2003; 
‘‘(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 
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—
‘‘(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 on-site management responsibilities 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): 
‘‘(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. 5. 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-
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. 6. 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—
‘‘(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