SEC. 8. DELIVERY PROHIBITION. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 9012. DELIVERY PROHIBITION. 
‘‘(a) REQUIREMENTS
‘‘(1) PROHIBITION
OF
DELIVERY
OR
DE-
POSIT.—Subject to subsection(b), beginning 18 
months after the date of enactment of this section, 
it shall be unlawful to deliver to, deposit into, or ac-
cept a regulated substance into an underground 
storage tank at a facility which has been identified 
by the Administrator or a State implementing agen-
cy to be ineligible for fuel delivery or deposit. 
‘‘(2) NOTIFICATION.—The Administrator or the 
State implementing agency shall make readily known 
to the underground storage tank owners and product 
delivery industries, the facilities deemed ineligible for 
delivery or deposit. The mechanism used to indicate 
facilities ineligible for delivery or deposit may in-
clude tags or seals on underground storage tank sys-
tem fill pipes, decals posted on dispensers, lists post-
ed on web sites, or any other mechanism deemed ap-
propriate. 
‘‘(3) GUIDANCE.—Within 12 months of enact-
ment of this section, the Administrator and States
shall, in consultation with the underground storage 
tank owner and product delivery industries, for terri-
tory for which they are the primary implementing 
agencies, publish guidelines detailing the specific 
processes and procedures they will use to implement 
the provisions of this section. The processes and pro-
cedures include, at a minimum, the following: 
‘‘(A) the criteria for determining which un-
derground storage tank facilities are ineligible 
for delivery or deposit; 
‘‘(B) the mechanisms for identifying which 
facilities are ineligible for delivery or deposit to 
the underground storage tank owning and fuel 
delivery industries; 
‘‘(C) the process for reclassifying ineligible 
facilities as eligible for delivery or deposit; and 
‘‘(D) a delineation of, or a process for de-
termining, the specified geographic areas sub-
ject to subsection (b). 
‘‘(b) LIMITATIONS.—
‘‘(1) SPECIFIED GEOGRAPHIC AREAS.—Subject 
to paragraph (2), the Administration or a State may 
not identify a facility as ineligible for delivery or de-
posit if that identification would jeopardize the avail-
ability of, or access to, fuel in any specified geo-
graphic area. 
‘‘(2) APPLICABILITY OF LIMITATION.—The lim-
itation under paragraph (1) shall apply only during 
the 180-day period following the date upon which 
the Administrator or State agency determines a fa-
cility would have become ineligible for delivery or de-
posit in the absence of the limitation in paragraph 
(1). Such limitation shall not apply whenever there 
is a release or threatened release from a tank at 
such facility that poses a threat to human health 
and the environment.’’. 
(b) ENFORCEMENT.—Section 9006(d)(2)(42 U.S.C. 
6991e(d)(2)) of such Act is amended— 
(1) by adding the following new subparagraph 
after subparagraph (D): 
‘‘(E) the delivery prohibition requirement estab-
lished by section 9012; or’’; and 
(2) by adding the following new sentence at the 
end thereof: ‘‘Any person making a delivery or de-
posit 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.’’
SEC. 9. SECONDARY CONTAINMENT. 
(a) IN GENERAL.—Section 9003 of the Solid Waste 
Disposal Act (42 U.S.C. 6991b) is amended by adding the 
following new subsection at the end thereof: 
‘‘(j) SECONDARY CONTAINMENT.—
‘‘(1) IN GENERAL.—Any new underground stor-
age tank system installed after the effective date of 
this subsection, or any existing underground storage 
tank system that is replaced after the effective date 
of this subsection, shall be secondarily contained and 
space between the primary and secondary contain-
ment shall be monitored for leaks. 
‘‘(2) LIMITATIONS.—(A) In the case of the re-
placement of an existing underground storage tank 
that is connected to other underground storage 
tanks by piping, paragraph (1) shall apply only to 
the underground storage tank being replaced and 
not to such other underground storage tanks. 
‘‘(B) In the case of the replacement of existing 
underground pipes connected to an underground 
storage tank, paragraph (1) shall apply only to the 
underground pipes and not to the underground stor-
age tanks to which the pipes are connected. 
‘‘(3) EFFECTIVE DATE.—This subsection shall 
take effect 18 months after the date of enactment 
of this subsection.
‘‘(4) DEFINITIONS.—As used in this subsection: 
‘‘(A) The term ‘secondarily contained’ 
means a release detection and prevention sys-
tem that meets the requirements of 40 Code of 
Federal Regulations section 280.43(g) and in-
cludes double-walled tanks and piping systems, 
dispenser liners, piping sumps, or single-walled 
tanks or piping systems that are contained 
within a liner or an impervious barrier area as 
set forth in 40 Code of Federal Regulations 
part 280. 
‘‘(B) The term ‘underground storage tank’ 
has the meaning given to this term under sec-
tion 9001, except as limited with respect to 
tank combinations and underground pipes 
under paragraph (2) of this subsection. 
‘‘(5) PROMULGATION
OF
REGULATIONS
OR 
GUIDELINES.—The Administrator may issue regula-
tions or guidelines implementing the requirements of 
paragraph (1).’’. 
(b) PENALTIES.—Section 9006(d)(2) of such Act(42 
U.S.C. 6991e(d)(2)) is amended by adding the following 
new subparagraph after subparagraph (E): 
‘‘(F) the secondary containment requirements 
established in section 9003(j).’’.
SEC. 10. CRIMINAL PENALTIES. 
Section 9006 of the Solid Waste Disposal Act (42 
U.S.C. 6991d) is amended by adding the following at the 
end thereof: 
‘‘(e) CRIMINAL PENALTIES.—
‘‘(1) IN GENERAL.—Any person who knowingly 
omits material information or makes any false mate-
rial statement or representation in documentation 
used to comply with, or to demonstrate compliance 
with, the requirements of this subtitle shall, upon 
conviction, be subject to a fine of not more than 
$50,000 for each false statement or misrepresenta-
tion, or imprisonment not to exceed two years. If the 
conviction of such person under this subsection is for 
a violation after a first conviction of such person 
under this subsection, the maximum punishment 
shall be doubled with respect to both fine and im-
prisonment. Such documentation includes, but is not 
limited to, testing results for, or demonstration of 
compliance with, release detection, corrosion protec-
tion, or financial responsibility provisions; release re-
porting; site assessments sampling results and re-
ports; and corrective action testing and reporting. 
‘‘(2) KNOWING ENDANGERMENT.—Any person 
who knowingly violates any requirement of this sub-
title or of the regulations under this subtitle who
knows at that time that he thereby places another 
person in imminent danger of death or serious bodily 
injury, shall, upon conviction, be subject to a fine of 
not more than $250,000 or imprisonment for not 
more than fifteen years, or both. A defendant that 
is an organization shall, upon conviction of violating 
this subsection, be subject to a fine of not more than 
$1,000,000.’’. 
SEC. 11. COMMUNITY RIGHT TO KNOW. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 and following) is amended by 
adding the following new section at the end thereof: 
‘‘SEC. 9013. COMMUNITY RIGHT TO KNOW. 
‘‘(a) IN GENERAL.—The Administrator or a State 
that receives funding from this subtitle, as appropriate, 
shall make available to the public, on a publicly available 
web site, the names and locations of each underground 
storage tank facility—
‘‘(1) determined to be out of compliance with 
underground storage tank regulatory provisions by 
the Administrator or State, as appropriate; or 
‘‘(2) with confirmed releases. 
Such information shall be updated at least on a quarterly 
basis.
‘‘(b) FACILITIES DETERMINED TO BE OUT OF COM-
PLIANCE.—For facilities determined to be out of compli-
ance with underground storage tank regulatory provisions, 
the web site shall include the date of the determination 
of noncompliance, the nature of each violation, and, to the 
extent practicable, the status of efforts to return to com-
pliance. 
‘‘(c) FACILITIES WITH CONFIRMED RELEASES.—For 
facilities with confirmed releases, the web site should in-
clude the date of the confirmed releases, the substance re-
leased, the current status of the cleanup, and, to the ex-
tent practicable, the extent of the contamination.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date 18 months after 
the enactment of this Act. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 
6991 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ad-
ministrator—
‘‘(1) to carry out subtitle I (except sections 
9003(h), 9005(c), 9011, and 9012) $50,000,000 for 
each of fiscal years 2004 through 2008; and
‘‘(2) from the Trust Fund, notwithstanding sec-
tion 9508(c)(1) of the Internal Revenue Code of 
1986—
‘‘(A) to carry out section 9003(h) (except 
section 9003(h)(12)) $200,000,000 for each of 
fiscal years 2004 through 2008; 
‘‘(B) to carry out section 9003(h)(12)—
‘‘(i) $200,000,000 for each of fiscal 
years 2004 and 2005; and 
‘‘(ii) $150,000,000 for each of fiscal 
years 2006 through 2008; 
‘‘(C) 
to 
carry 
out 
section 
9005(c) 
$60,000,000 for each of fiscal years 2004 
through 2008; and 
‘‘(D) to carry out section 9011 and 9012 
(except for activities where funds are made 
available under 9005(c)) $100,000,000 for each 
of fiscal years 2004 through 2008.’’. 
SEC. 13. CONFORMING AMENDMENTS. 
(a) DEFINITIONS.—Section 9001 of the Solid Waste 
Disposal Act (42 U.S.C. 6991) is amended—
(1) by striking ‘‘For the purposes of this sub-
title—’’ and inserting ‘‘For the purposes of this sub-
title:’’; and
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) TRUST FUND.—The terms ‘Trust Fund’ 
and ‘Leaking Underground Storage Tank Trust 
Fund’ mean the Leaking Underground Storage 
Tank Trust Fund established by section 9508 of the 
Internal Revenue Code of 1986.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 1001 
of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
is amended in the table of contents—
(A) in the item relating to section 9002, by in-
serting ‘‘and public records’’ after ‘‘Notification’’; 
and 
(B) by striking the item relating to section 
9010 and inserting the following:
‘‘Sec. 9010. Operator training. 
‘‘Sec. 9011. Use of funds for release prevention and compliance. 
‘‘Sec. 9012. Delivery prohibition. 
‘‘Sec. 9013. Community right to know. 
‘‘Sec. 9014. Authorization of appropriations.’’.
(2) Section 9002 of the Solid Waste Disposal Act (42 
U.S.C. 6991a) is amended in the section heading by in-
serting ‘‘AND
PUBLIC
RECORDS’’ after ‘‘NOTIFICA-
TION’’. 
(3) Section 9003(f) of the Solid Waste Disposal Act 
(42 U.S.C. 6991b(f)) is amended—
(A) in paragraph (1), by striking ‘‘9001(2)(B)’’ 
and inserting ‘‘9001’’; and
(B) in paragraphs (2) and (3), by striking 
‘‘9001(2)(A)’’ each place it appears and inserting 
‘‘9001’’. 
(4) Section 9009 of the Solid Waste Disposal Act (42 
U.S.C. 6991h) is amended in subsection (a), by striking 
‘‘9001(2)(B)’’ and inserting ‘‘9001’’. 
(5) Section 2007(f) of such Act is repealed. 
SEC. 14. TECHNICAL AMENDMENTS. 
(a) SECTION 9001.—Section 9001(3)(A) of the Solid 
Waste Disposal Act (42 U.S.C. 6991(4)(A)) is amended 
by striking ‘‘sustances’’ and inserting ‘‘substances’’. 
(b) SECTION 9003.—Section 9003(f)(1) of the Solid 
Waste Disposal Act (42 U.S.C. 6991b(f)(1)) is amended 
by striking ‘‘subsection (c) and (d) of this section’’ and 
inserting ‘‘subsections (c) and (d)’’. 
(c) SECTION 9004.—Section 9004(a) of the Solid 
Waste Disposal Act (42 U.S.C. 6991c(a)) is amended by 
striking ‘‘in 9001(2)(A) or (B) or both’’ and inserting ‘‘in 
subparagraph (A) or (B) of section 9001(2)’’. 
(d) SECTION 9005.—Section 9005 of the Solid Waste 
Disposal Act (42 U.S.C. 6991d) is amended—
(1) in subsection (a), by striking ‘‘study tak-
ing’’ and inserting ‘‘study, taking’’; 
(2) in subsection (b)(1), by striking ‘‘relevent’’ 
and inserting ‘‘relevant’’; and
(3) 
in 
subsection 
(b)(4), 
by 
striking 
‘‘Evironmental’’ and inserting ‘‘Environmental’’.
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