H. R. 6—500
a State fund or State assurance program for purposes 
other than those related to the regulation of underground 
storage tanks covered by this subtitle, with the exception 
of those transfers that had been completed earlier than 
the date of enactment of this subsection. 
‘‘(C) REVISIONS TO PROCESS.—The Administrator may 
revise the allocation process referred to in subparagraph 
(A) after— 
‘‘(i) consulting with State agencies responsible for 
overseeing corrective action for releases from under-
ground storage tanks; and 
‘‘(ii) taking into consideration, at a minimum, each 
of the following: 
‘‘(I) The number of confirmed releases from 
federally regulated leaking underground storage 
tanks in the States. 
‘‘(II) The number of federally regulated under-
ground storage tanks in the States. 
‘‘(III) The performance of the States in imple-
menting and enforcing the program. 
‘‘(IV) The financial needs of the States. 
‘‘(V) The ability of the States to use the funds 
referred to in subparagraph (A) in any year. 
‘‘(3) DISTRIBUTIONS
TO
STATE
AGENCIES.—Distributions 
from the Trust Fund under this subsection 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 approved under this 
section.’’. 
(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 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 financial responsibility mechanism without withdrawing 
approval of a State underground storage tank program under 
section 9004(a).’’. 
(c) ABILITY
TO PAY.—Section 9003(h)(6) of the Solid Waste 
Disposal Act (42 U.S.C. 6591a(h)(6)) is amended by adding the 
following new subparagraph at the end thereof: 
‘‘(E) INABILITY OR LIMITED ABILITY TO PAY.— 
‘‘(i) IN
GENERAL.—In determining the level of 
recovery effort, or amount that should be recovered, 
the Administrator (or the State pursuant to paragraph 
(7)) shall consider the owner or operator’s ability to 
pay. An inability or limited ability to pay corrective 
action costs must be demonstrated to the Administrator 
(or the State pursuant to paragraph (7)) by the owner 
or operator. 
‘‘(ii) CONSIDERATIONS.—In determining whether or 
not a demonstration is made under clause (i), the 
Administrator (or the State pursuant to paragraph 
(7)) shall take into consideration the ability of the
H. R. 6—501
owner or operator to pay corrective action costs and 
still maintain its basic business operations, including 
consideration of the overall financial condition of the 
owner or operator and demonstrable constraints on 
the ability of the owner or operator to raise revenues. 
‘‘(iii) 
INFORMATION.—An 
owner 
or 
operator 
requesting consideration under this subparagraph shall 
promptly provide the Administrator (or the State 
pursuant to paragraph (7)) with all relevant informa-
tion needed to determine the ability of the owner or 
operator to pay corrective action costs. 
‘‘(iv) 
ALTERNATIVE
PAYMENT
METHODS.—The 
Administrator (or the State pursuant to paragraph 
(7)) shall consider alternative payment methods as may 
be necessary or appropriate if the Administrator (or 
the State pursuant to paragraph (7)) determines that 
an owner or operator cannot pay all or a portion of 
the costs in a lump sum payment. 
‘‘(v) MISREPRESENTATION.—If an owner or operator 
provides false information or otherwise misrepresents 
their financial situation under clause (ii), the Adminis-
trator (or the State pursuant to paragraph (7)) shall 
seek full recovery of the costs of all such actions pursu-
ant to the provisions of subparagraph (A) without 
consideration of the factors in subparagraph (B).’’. 
SEC. 1523. INSPECTION OF UNDERGROUND STORAGE TANKS. 
(a) INSPECTION REQUIREMENTS.—Section 9005 of the Solid 
Waste Disposal Act (42 U.S.C. 6991d) is amended by inserting 
the following new subsection at the end thereof: 
‘‘(c) INSPECTION REQUIREMENTS.— 
‘‘(1) UNINSPECTED TANKS.—In the case of underground stor-
age tanks regulated under this subtitle that have not undergone 
an inspection since December 22, 1998, not later than 2 years 
after the date of enactment of this subsection, the Administrator 
or a State that receives funding under this subtitle, as appro-
priate, shall conduct on-site inspections of all such tanks to 
determine compliance with this subtitle and the regulations 
under this subtitle (40 CFR 280) or a requirement or standard 
of a State program developed under section 9004. 
‘‘(2) PERIODIC INSPECTIONS.—After completion of all inspec-
tions required under paragraph (1), the Administrator or a 
State that receives funding under this subtitle, as appropriate, 
shall conduct on-site inspections of each underground storage 
tank regulated under this subtitle at least once every 3 years 
to determine compliance with this subtitle and the regulations 
under this subtitle (40 CFR 280) or a requirement or standard 
of a State program developed under section 9004. The Adminis-
trator may extend for up to one additional year the first 3-
year inspection interval under this paragraph if the State dem-
onstrates 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 Administrator’s or a State’s 
authorities under section 9005(a).’’.
H. R. 6—502
(b) STUDY
OF
ALTERNATIVE
INSPECTION
PROGRAMS.—The 
Administrator of the Environmental Protection Agency, in coordina-
tion with a State, shall gather information on compliance assurance 
programs that could serve as an alternative to the inspection pro-
grams 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 enact-
ment 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 follows: 
‘‘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, in consultation and cooperation with States and after public 
notice and opportunity for comment, the Administrator shall 
publish guidelines that specify training requirements for— 
‘‘(A) persons having primary responsibility for on-site 
operation and maintenance of underground storage tank 
systems; 
‘‘(B) persons having daily on-site responsibility for the 
operation and maintenance of underground storage tanks 
systems; and 
‘‘(C) daily, on-site employees having primary responsi-
bility for addressing emergencies presented by a spill or 
release from an underground storage tank system. 
‘‘(2) CONSIDERATIONS.—The guidelines described in para-
graph (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 employed by 
tank owners and tank operators as of the date of enactment 
of the Underground Storage Tank Compliance Act; 
‘‘(C) the high turnover rate of tank operators and other 
personnel; 
‘‘(D) the frequency of improvement in underground 
storage tank equipment technology; 
‘‘(E) the nature of the businesses in which the tank 
operators are engaged; 
‘‘(F) the substantial differences in the scope and length 
of training needed for the different classes of persons 
described in subparagraphs (A), (B), and (C) of paragraph 
(1); and 
‘‘(G) such other factors as the Administrator 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 develop State-specific training requirements that 
are consistent with the guidelines developed under subsection 
(a)(1). 
‘‘(2) REQUIREMENTS.—State requirements described in para-
graph (1) shall— 
‘‘(A) be consistent with subsection (a);