H. R. 6—506
processes and procedures they will use to implement the provi-
sions of this section. The processes and procedures include, 
at a minimum— 
‘‘(A) the criteria for determining which underground 
storage tank facilities are ineligible for delivery, deposit, 
or acceptance of a regulated substance; 
‘‘(B) the mechanisms for identifying which facilities 
are ineligible for delivery, deposit, or acceptance of a regu-
lated substance to the underground storage tank owning 
and fuel delivery industries; 
‘‘(C) the process for reclassifying ineligible facilities 
as eligible for delivery, deposit, or acceptance of a regulated 
substance; 
‘‘(D) one or more processes for providing adequate 
notice to underground storage tank owners and operators 
and supplier industries that an underground storage tank 
has been determined to be ineligible for delivery, deposit, 
or acceptance or a regulated substance; and 
‘‘(E) a delineation of, or a process for determining, 
the specified geographic areas subject to paragraph (4). 
‘‘(3) COMPLIANCE.—States that receive funding under this 
subtitle shall, at a minimum, comply with the processes and 
procedures published under paragraph (2). 
‘‘(4) CONSIDERATION.— 
‘‘(A) RURAL AND REMOTE AREAS.—Subject to subpara-
graph (B), the Administrator or a State may consider not 
treating an underground storage tank as ineligible for 
delivery, deposit, or acceptance of a regulated substance 
if such treatment would jeopardize the availability of, or 
access to, fuel in any rural and remote areas unless an 
urgent threat to public health, as determined by the 
Administrator, exists. 
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply 
only during the 180-day period following the date of a 
determination by the Administrator or the appropriate 
State under subparagraph (A). 
‘‘(b) EFFECT
ON STATE AUTHORITY.—Nothing in this section 
shall affect or preempt the authority of a State to prohibit the 
delivery, deposit, or acceptance 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 person has not been provided with notice 
pursuant to subsection (a)(2)(D) of the ineligibility of a facility 
for delivery, deposit, or acceptance of a regulated substance as 
determined by the Administrator or a State, as appropriate, under 
this section.’’. 
(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 established by 
section 9012,’’. 
(2) By adding the following new sentence at the end thereof: 
‘‘Any person making or accepting a delivery or deposit of a 
regulated substance to an underground 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.’’.
H. R. 6—507
(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 instrumen-
tality of the executive, legislative, and judicial branches of the 
Federal Government (1) having jurisdiction over any underground 
storage tank or underground storage tank system, or (2) engaged 
in any activity resulting, or which may result, in the installation, 
operation, management, or closure of any underground storage tank, 
release response activities related thereto, or in the delivery, accept-
ance, 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 require-
ments, 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 require-
ments, 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 administrative 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 isolated, 
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 require-
ment (including, but not limited to, any injunctive relief, administra-
tive order or civil or administrative penalty or fine referred to 
in the preceding sentence, or reasonable service charge). The reason-
able service charges referred to in this subsection include, but 
are not limited to, fees or charges assessed in connection with 
the processing and issuance of permits, renewal of permits, amend-
ments to permits, review of plans, studies, and other documents, 
and inspection and monitoring of facilities, as well as any other 
nondiscriminatory 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 penalty under any Federal, State, interstate, or local law 
concerning 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 sanction (including, but 
not limited to, any fine or imprisonment) under any Federal or 
State law concerning underground storage tanks, but no depart-
ment, agency, or instrumentality of the executive, legislative, or 
judicial branch of the Federal Government shall be subject to any
H. R. 6—508
such sanction. The President may exempt any underground storage 
tank of any department, agency, or instrumentality in the executive 
branch from compliance with such a requirement if he determines 
it to be in the paramount 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 appro-
priation as a part of the budgetary process and the Congress shall 
have failed to make available such requested appropriation. Any 
exemption shall be for a period not in excess of 1 year, but additional 
exemptions may be granted for periods not to exceed 1 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 UNDERGROUND STOR-
AGE TANKS.— 
‘‘(1) REVIEW.—Not later than 12 months after the date 
of enactment of the Underground Storage Tank Compliance 
Act, each Federal agency that owns or operates one or more 
underground storage tanks, or that manages land on which 
one or more underground storage tanks are located, shall 
submit to the Administrator, the Committee on Energy and 
Commerce of the United States House of Representatives, and 
the Committee on the Environment and Public Works of the 
Senate a compliance 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 compliance with 
this subtitle that are owned or operated by the Federal 
agency; 
‘‘(C) specifies the date of the last inspection by a State 
or Federal inspector of each underground storage tank 
owned or operated by the agency; 
‘‘(D) lists each violation of this subtitle respecting any 
underground storage tank owned or operated by the agency; 
‘‘(E) describes the operator training that has been pro-
vided to the operator and other persons having primary 
daily on-site management responsibility for the operation 
and maintenance of underground storage tanks owned or 
operated by the agency; and 
‘‘(F) describes the actions that have been and will 
be taken to ensure compliance for each underground stor-
age tank identified under subparagraph (B). 
‘‘(2) NOT A SAFE HARBOR.—This subsection does not relieve 
any person from any obligation or requirement under this sub-
title.’’. 
SEC. 1529. TANKS ON TRIBAL LANDS. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Disposal 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