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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
776
manner, and to the same extent, as any person is subject
to such requirements, 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 adminis-
trative 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 iso-
lated, 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 requirement (including, but not
limited to, any injunctive relief, administrative order or
civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The rea-
sonable service charges referred to in this subsection in-
clude, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits,
renewal of permits, amendments to permits, review of
plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other nondiscrim-
inatory 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
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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 pen-
alty under any Federal, State, interstate, or local law con-
cerning 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 sanc-
tion (including, but not limited to, any fine or imprison-
ment) under any Federal or State law concerning under-
ground storage tanks, but no department, agency, or in-
strumentality of the executive, legislative, or judicial
branch of the Federal Government shall be subject to any
such sanction. The President may exempt any under-
ground storage tank of any department, agency, or instru-
mentality in the executive branch from compliance with
such a requirement if he determines it to be in the para-
mount 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
appropriation as a part of the budgetary process and the
Congress shall have failed to make available such re-
quested appropriation. Any exemption shall be for a period
not in excess of one year, but additional exemptions may
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be granted for periods not to exceed one 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 UNDER-
GROUND STORAGE TANKS.—
‘‘(1) REVIEW.—Not later than 12 months after
the date of enactment of the Underground Storage
Tank Compliance Act of 2005, each Federal agency
that owns or operates 1 or more underground stor-
age tanks, or that manages land on which 1 or more
underground storage tanks are located, shall submit
to the Administrator, the Committee on Energy and
Commerce of the United States House of Represent-
atives, and the Committee on the Environment and
Public Works of the United States Senate a compli-
ance 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 compli-
ance with this subtitle that are owned or oper-
ated by the Federal agency;